This by far the most important federal law affecting wages and hours with which employers should be familiar. While the FLSA does set basic minimum wage and overtime pay standards and regulates the employment of minors, there are a number of employment practices that FLSA does not regulate. For example, the FLSA does not require:

• Vacation, holiday, severance or sick pay;
• Meal or rest periods;
• Premium pay for weekend or holiday work;
• Pay raises or fringe benefits; and
• A discharge notice, reason for discharge, or immediate payment of final wages to terminated employees.

The FLSA does not provide wage payment or collection procedures for an employee's usual or promised wages or commissions in excess of those required by the FLSA Also, the FLSA does not limit the number of hours in a day or days in a week an employee may be required or scheduled to work if the employee is at least 16 years old.

These matters are for agreement between the employer and the employees or their authorized representatives, or are covered by state law.  All employers subject to the Act must comply with its provisions as well as any more stringent California law on the same subject.

The FLSA establishes minimum wage, overtime pay, record-keeping and child labor standards affecting more than 113 million full-time and part-time workers in the private sector and in federal, state and local governments.

The Wage and Hour Division of the U.S. Department of Labor administers and enforces the FLSA.  Special rules apply to state and local government employment involving fire protection and law enforcement activities, volunteer services and compensatory time off in lieu of cash overtime pay.

Copyright © OneStop HR, Inc. 1998