Fair Labor Standards Act of 1938

Fair Labor Standards Act of 1938
Fair Labor Standards Act of 1938 (FLSA)
USA
A federal law governing the national minimum wage, overtime pay, child labor, and wage and hour record keeping (29 U.S.C. §§ 201-219). The FLSA requires payment of a minimum hourly wage to covered nonexempt employees. For the current federal minimum wage, see the Fair Labor Standards Act Advisor (). State minimum wages vary and may be higher than the federal minimum wage. For a list of states' current minimum wages, see Wage and Hour Division (WHD), Minimum Wage Laws in the States. Covered employers must pay covered nonexempt employees at least the greater of the federal or applicable state law.
The FLSA also requires payment of one and a half times the regular rate of pay to covered nonexempt employees for hours worked over 40 hours per workweek. The FLSA addresses child labor as well, capping work hours for children under 16 and restricting work by children in hazardous occupations. It also requires record keeping related to employees' wage, hour and basic demographic information.
Retaliation is prohibited under the FLSA.
For more information on retaliation, see Practice Note: Retaliation (www.practicallaw.com/5-501-1430). The FLSA is enforced by the Wage and Hour Division of the Department of Labor for nearly all employers (excluding some federal agencies).

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

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