How to Stay on the Right Side of the Fair Labor Standards Act

Sep 22, 2021

Introduction to the Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) is a federal law that establishes certain labor standards for public and private sector employers. It sets the minimum wage, overtime pay, recordkeeping, and child labor standards in the United States. Complying with the FLSA is crucial for businesses to avoid legal issues and ensure fair treatment of employees.

Understanding the Key Provisions of the FLSA

The FLSA covers several important areas related to employment practices, including:

Minimum Wage

The FLSA sets the federal minimum wage, which is currently $7.25 per hour. Some states might have higher minimum wage requirements, so it's important to understand and comply with both federal and state regulations.

Overtime Pay

The FLSA requires employers to pay eligible employees overtime wages at a rate of time-and-a-half for any hours worked beyond 40 hours in a workweek. It's essential to accurately determine which employees are eligible for overtime and calculate their pay accordingly.


The FLSA mandates that employers keep accurate records of employees' work hours, wages, and other important employment information. Proper recordkeeping ensures compliance and can assist during audits or legal disputes.

Child Labor

The FLSA includes provisions to protect minors in the workforce. It sets limitations on the types of jobs and hours that underage individuals can work, ensuring their safety and well-being.

Tips for Staying Compliant with the FLSA

Here are some essential tips to help your business adhere to the requirements of the Fair Labor Standards Act:

1. Familiarize Yourself with the FLSA

Take the time to thoroughly understand the various provisions of the FLSA and how they apply to your industry and specific business operations. This knowledge will empower you to make informed decisions and maintain compliance.

2. Classify Employees Correctly

Accurately classify your employees as exempt or non-exempt based on their job duties and compensation. Exempt employees are exempt from certain provisions, such as overtime pay, while non-exempt employees are entitled to all FLSA protections.

3. Establish Clear Pay Policies

Clearly communicate your pay policies, including minimum wage rates, overtime calculation methods, and pay periods. Having transparent policies ensures employees understand their rights and helps prevent potential disputes.

4. Maintain Accurate Records

Implement an efficient recordkeeping system to track employee work hours, wages, and other relevant information. Regularly review and update records to ensure accuracy and remain compliant with the FLSA.

5. Train Managers and Supervisors

Provide comprehensive training to your managers and supervisors on FLSA regulations, including employee classification, overtime calculations, and child labor restrictions. Well-informed leaders can help prevent violations and address concerns promptly.

6. Stay Up-to-Date with Changes

Keep informed about any updates or amendments to the FLSA by regularly consulting official sources, attending relevant seminars or webinars, and working with legal professionals specializing in labor law. This ensures your business remains compliant with the latest requirements.

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Tele Telecomunicacoes
Great overview of FLSA guidelines.
Nov 11, 2023