Understanding the FLSA: A Guide to Overtime Pay and Hours Worked

Time Sheet

The Fair Labor Standards Act (FLSA) sets standard minimum wage requirements, record-keeping rules, and overtime provisions for employers and employees. Understanding the FLSA is essential to ensure you are getting paid for the hours worked. Overtime pay is a significant issue in many companies, and it can confuse employers and employees.

What is the FLSA, and how does it affect workers?

The FLSA is a federal law establishing minimum wage, overtime pay, record-keeping, and other provisions for businesses that engage in interstate commerce or produce goods for interstate commerce. Employees covered by the FLSA must be paid at least the minimum wage and receive overtime pay for hours worked over 40 hours per week. It also requires employers to keep accurate records of employee wages and hours worked.

Understanding the Basics of Overtime Pay

FLSA requires that all qualifying employees are eligible to receive overtime. You will receive an overtime payment if you work more than 40 hours a week. The overtime pay rate is at least one and a half times your regular rate of pay. However, not all employees qualify for overtime. You must be classified as a non-exempt employee to be eligible for overtime.

Determining if You Are Exempt or Non-exempt

There are three major categories for FLSA exemption: executive, administrative, and professional. These are typically white-collar or higher-level management positions such as executives and doctors. The job duties and salary also significantly determine if an employee is exempt or non-exempt. If an employee is classified as exempt, they are not eligible for overtime pay. They must be paid at least $35,568 annually, or $684 per week, under new rules that came into effect in 2020.

Keeping Track of Hours Worked

It is essential to keep track of your hours worked to ensure that you are getting paid correctly. Employers are required to keep records of all hours worked by non-exempt employees. Still, it is still recommended that employees keep track of their hours worked by documenting when they start and finish working each day. This can be easily done by using time-tracking software or even a simple pen and paper. You also have the right to challenge any wage and hour violation, including failure to pay overtime.

Other FLSA Provisions to Keep In Mind

Aside from overtime and minimum wage, the FLSA also establishes provisions on child labor, nursing mother breaks, record-keeping, and other wage and hour requirements. For example, employers are required to provide reasonable break time to nursing mothers to express milk for up to one year after the child's birth. Employees are typically prohibited from being scheduled to work more than six consecutive days in one week or more than ten consecutive hours in a day, among other provisions.

Nationwide Unpaid Wage Lawyers

In conclusion, understanding the FLSA is essential for employees who want to ensure they're being paid fairly for their work. If you have questions or concerns about overtime pay or hours worked, don't hesitate to contact Josephson Dunlap at (888) 742-7242 today to get started.

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