Topics

Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) is a federal law that requires employers to pay nonexempt employees a minimum wage and overtime pay, generally when they work more than 40 hours in a week. Only resources that involve the federal FLSA are tagged with the FLSA topic. State-specific resources are tagged with the Wage and Hour topic and any relevant subtopics.

Coverage of the FLSA in the Employment Law Guide is broken out into the following interrelated sections:

  • Minimum Wage, including the basics of the minimum wage, deductions, uniform allowances, subminimum wages and more;
  • Overtime, including how to calculate how much overtime an employee is owed;
  • Hours Worked, including which activities do or do not count as working time for which employees must be paid, such as meal and rest breaks, waiting time, on-call time, travel and more;
  • Employee Classification, including which types of employees are exempt from the FLSA's overtime requirements; and
  • Child Labor, including the times of work minors may perform, and when they may perform them;
  • Recordkeeping, including the FLSA's unique recordkeeping requirements; and
  • Enforcement, Liability, Prevention and Defense, including how the FLSA is enforced, the penalties for violations, ways to prevent FLSA claims, and employer defenses against government investigations and employee lawsuits.

New and Updated

  • Date:
    May 28, 2025
    Type:
    Podcasts and Webinars

    Webinar: Top 5 Wage and Hour Risks - Strategies and Solutions for HR

    In this webinar, Jon Hyman shares practical insights for understanding the complexities surrounding wage and hour laws and offer strategies for addressing the legal risks associated with employee misclassification, overtime violations and other wage and hour challenges.

  • Type:
    Training

    Employees Reclassified as Nonexempt - Supervisor Training

    The Employees Reclassified as Exempt supervisor training, which addresses important issues for supervisors who are responsible for managing employees reclassified as nonexempt under the Fair Labor Standards Act (FLSA), has been enhanced to improve the content and appearance of the PowerPoint presentation.

  • Date:
    January 15, 2025
    Type:
    News

    FLSA Exemptions Don't Require Higher Burden of Proof, Supreme Court Rules

    The Supreme Court has ruled that employers need to show only a "preponderance of the evidence" to prove that an employee is exempt from the overtime requirements of the Fair Labor Standards Act (FLSA).

  • Date:
    January 9, 2025
    Type:
    News

    The Cost of Breaking Federal Employment Laws Is Going Up About 3%

    Civil money penalties under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Occupational Safety and Health Act (OSH Act) and other laws enforced by the US Department of Labor (DOL) are increasing by 2.6%, starting January 15.

  • Type:
    Employment Law Guide

    Minimum Wage: Federal

    Updated to reflect technical changes to the Fair Labor Standards Act (FLSA) rule regarding dual jobs, effective December 17, 2024. 

  • Type:
    Legal Timetable

    FLSA "80/20 Plus 30" Tip Credit Rule Takes Effect

    Updated to reflect the repeal of the rule, effective December 17, 2024. 

  • Date:
    December 3, 2024
    Type:
    News

    DOL Plans to Phase Out Subminimum Wages for Workers With Disabilities

    The US Department of Labor (DOL) is proposing to stop issuing new certificates allowing employers to employ workers with disabilities at wages below $7.25 per hour, and to phase out existing certificates over the next three years - however, it is not clear whether its plan will survive under the incoming Trump administration.

  • Date:
    November 22, 2024
    Type:
    Podcasts and Webinars

    Webinar: The Overtime Rule Is Dead - What Do We Do Now?

    A federal court recently overturned the US Department of Labor (DOL) overtime rule, which was going to raise the minimum annual salary for most overtime-exempt employees from $43,888 to $58,656. Brightmine Senior Legal Editor Michael Cardman answers these questions and more to help you chart a path forward for your organization.

  • Type:
    How To

    How to Determine If an Employee Qualifies for the FLSA Executive Exemption

    Updated to reflect the vacatur of the overtime rule updating and revising the Fair Labor Standards Act (FLSA) overtime exemption requirements, effective November 15, 2024.

  • Type:
    Legal Timetable

    Minimum Salary for Most Overtime-Exempt Employees Is Adjusted for Inflation

    Updated to reflect the vacatur of the overtime rule updating and revising the Fair Labor Standards Act (FLSA) overtime exemption requirements, effective November 15, 2024.

About This Topic

HR and legal consideration for employers regarding the federal Fair Labor Standards Act (FLSA). Guidance and support on following all of the FLSA rules and regulations.