The Fair Labor Standards Act Major Provisions

5
U.S. Department of Labor Employment Standards Administration The Fair Labor Standards Act Major Provisions Minimum Wage- currently $7.25 per hour Overtime Pay- time and a half after 40 hours worked in a workweek Youth Employment- minimum age for employment is 14 in non-agricultural occupations. Employees under the age of 18 are restricted from the hazardous occupations • Recordkeeping- employers must make and keep certain records and display the FLSA poster at the worksite

description

The Fair Labor Standards Act Major Provisions. Minimum Wage- currently $7.25 per hour Overtime Pay- time and a half after 40 hours worked in a workweek - PowerPoint PPT Presentation

Transcript of The Fair Labor Standards Act Major Provisions

Page 1: The Fair Labor Standards Act Major Provisions

U.S. Department of LaborEmployment Standards Administration

The Fair Labor Standards ActMajor Provisions

• Minimum Wage- currently $7.25 per hour• Overtime Pay- time and a half after 40 hours worked

in a workweek• Youth Employment- minimum age for employment

is 14 in non-agricultural occupations. Employees under the age of 18 are restricted from the hazardous occupations

• Recordkeeping- employers must make and keep certain records and display the FLSA poster at the worksite

Page 2: The Fair Labor Standards Act Major Provisions

U.S. Department of LaborEmployment Standards Administration

The FLSA Does Not Require

• Vacation, holiday, severance, or sick pay• Meal or rest periods, holidays off, or vacations• Premium pay for weekend or holiday work• A discharge notice, reason for discharge, or

immediate payment of final wages to terminated employees

• Any limit on the number of hours in a day or days in a week an employee at least 16 years old may be required or scheduled to work

• Pay raises or fringe benefits

Page 3: The Fair Labor Standards Act Major Provisions

U.S. Department of LaborEmployment Standards Administration

Enforcement

• FLSA enforcement is carried out by Wage and Hour staff throughout the U.S

• Where violations are found, Wage and Hour advises employers of the steps needed to correct violations, secures agreement to comply in the future and supervises voluntary payment of back wages as applicable

• A 2-year statute of limitations generally applies to the recovery of back pay. In the case of a willful violation, a 3-year statute of limitations may apply

Page 4: The Fair Labor Standards Act Major Provisions

U.S. Department of LaborEmployment Standards Administration

EnforcementIn the event there is not a voluntary agreement to comply and/or pay back wages, the Wage and Hour Division may:

• Bring suit to obtain an injunction to restrain the employer from violating the FLSA, including the withholding of proper minimum wage and overtime

• Bring suit for back wages and an equal amount as liquidated damages

An employee may file a private suit for back pay and an equal amount as liquidated damages, plus attorney’s fees and court costs

Page 5: The Fair Labor Standards Act Major Provisions

U.S. Department of LaborEmployment Standards Administration

Additional Information• Visit the WHD homepage at:

www.wagehour.dol.gov• Call the WHD toll-free information and helpline at

1-866-4US-WAGE (1-866-487-9243)• Use the DOL interactive advisor system - ELAWS

at: www.dol.gov/elaws • Call or visit the nearest Wage and Hour Division

OfficeHouston District Office 8701 S. Gessner Dr., Suite 1164713-339-5500