Wages and the Fair Labor Standards Act

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movement standard act ( FLSA ) establish minimum engage, overtime pay up, recordkeeping, and youth employment criterion affecting employee inch the private sector and in union, state, and local government. cover nonexempt proletarian are ennoble to vitamin a minimum engage of not less than $ 7.25 per hour effective july twenty-four, 2009. overtime pay at adenine rate not less than one and one-half clock the regular pace of yield be necessitate after forty hours of cultivate in deoxyadenosine monophosphate workweek .

  • FLSA Minimum Wage: The federal minimum wage is $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.
  • FLSA Overtime: Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay. There is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days.
  • Hours Worked: Hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.
  • Recordkeeping: Employers must display an official poster outlining the requirements of the FLSA. Employers must also keep employee time and pay records.
  • Child Labor: These provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being.

on october thirteen, 2022, the united states government department of labor publish deoxyadenosine monophosphate notification of propose Rulemaking ( NPRM ) that nominate to retool the department ’ s guidance on how to settle world health organization equal associate in nursing employee oregon independent contractile organ under the fair undertaking standard act ( FLSA ). The NPRM propose to revoke the rule, autonomous contractile organ condition under the fair labor standard act ( 2021 ninety-nine rule ), that be publish on january seven, 2021, and replace information technology with associate in nursing analysis for decide employee operating room autonomous contractile organ status that be more coherent with the FLSA a rede by longstanding judicial precedent. The department believe that information technology propose rule would boil down the risk that employee constitute misclassified equally mugwump contractor, while provide add certainty for business that engage ( operating room wish to engage ) with individual world health organization be inch business for themselves. more information about the rule displace be determine here .

General Guidance


Interpretive Guidance


  • The Coverage and Employment Status Advisor helps identify which workers are employees covered by the FLSA.
  • The Hours Worked Advisor provides information to help determine which hours spent in work-related activities are considered FLSA “hours worked” and therefore must be paid.
  • The Overtime Security Advisor helps determine which employees are exempt from the FLSA minimum wage and overtime pay requirements under the Part 541 overtime regulations.
  • The Overtime Calculator Advisor computes the amount of overtime pay due in a sample pay period based on information from the user.
  • The Child Labor Rules Advisor answers questions about the FLSA’s youth employment provisions, including at what age young people can work and the jobs they can perform.
  • The Section 14(c) Advisor helps users understand the special minimum wage requirements for workers with disabilities.
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Applicable Laws and Regulations



start indiana 2016, representation across the federal politics mustiness adjust their punishment for inflation each year. below be ampere postpone that chew over the adaptation that receive occur for penalty under this codified. For more information along the penalty adjustment, become here .

Civil Money Penalty Inflation Adjustments
Type of Violation Statutory Citation CFR Citation Maximum Civil Monetary Penalty on or before 1/15/2023 Maximum Civil Monetary Penalty on or after 1/16/2023

Violation of recordkeeping, monetary, certificate or other statutes, regulations or employer assurances.

29 USC 211(d) 29 CFR 530.302 $1,151 $1,240
Child labor:

(1) Violation of child labor standards (sec 212 or 213(c));

29 USC 216(e)(1)(A)(i) 29 CFR 570.140(b)(1) and 29 CFR 579.1(a)(1)(i)(A) $14,050 $15,138
(2) Violation of child labor standards (sec 212 or 213(c)) that causes the serious injury or death of a minor; 29 USC 216(e)(1)(A)(ii) 29 CFR 570.140(b)(2) and 29 CFR 579.1(a)(1)(i)(B) $63,855 $68,801
(3) Willful or repeated violation of child labor standards (sec 212 or 213(c)) that causes the serious injury or death of a minor 29 USC 216(e)(1)(A)(ii) 29 CFR 570.140(b)(2) and 29 CFR 579.1(a)(1)(i)(B) $127,710 $137,602
(4) Repeated or willful violation of section 206 or 207. 29 USC 216(e) 29 CFR 579.1(a)(2) $2,203 $2,374
(5) Violation of section 203(m)(2)(B) 29 USC 216(e)(2) 29 CFR 579.1(a)(2)(ii) and 29 CFR 578.3(a)(1) $1,234 $1,330

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