Understanding The Fair Standard Labor Act

Understanding The Fair Standard Labor Act

Enacted in 1938, the Fair Labor Standards Act is a federal law that protects workers. It has standards, including overtime pay, minimum wage, youth labor and record-keeping. Swartz Swidler helps workers whose rights under the FLSA have been violated.

Covered workers

The FLSA covers part- and full-time workers in local, state and federal governments and in the private sector. You may be covered because of the company at which you work or because of the work that you do. Businesses are covered if they engage in interstate commerce or have at least $500,000 in annual sales. Domestic workers are also protected by the FLSA.

The FLSA and minimum wage

All non-exempt workers must be paid a minimum of $7.25 per hour. In New Jersey, workers must be paid at least $8.44 per hour under state law. Employers must pay the higher state minimum wage.

Workers who receive at least $30 in tips per month must be paid at least $2.13 per hour. Their tips must be enough to reach the required minimum wage. If the tips do not, the employers must make up the difference.

Overtime pay

Overtime pay at a rate of one and one-half times of the normal hourly rate must be paid to non-exempt employees for every hour they work over 40 in a week. Employers do not have to pay extra for working on holidays if doing so does not force the workers to work more than 40 hours in the week.

The FLSA and record keeping

Employers must keep certain types of information about their workers. They must have records containing the following:

  • The worker’s full name and social security number
  • Address and zip code
  • Birthdates for workers younger than 19
  • Information about the day and time when a work week begins
  • Gender and occupation
  • The number of hours worked each day
  • Total hours worked each week
  • Basis of pay
  • Total straight-time earnings
  • Regular pay rate per hour
  • Deductions from or additions to wages
  • Total wages paid in each pay period
  • Payment date and pay period information
  • Child labor standards

Workers who are under the age of 18 have additional protections under the FLSA. These protections limit how many hours minors can work and the types of work that they can do.

If your rights under the FLSA have been violated, you might want to seek advice from an employment law attorney. Contact Swartz Swidler today to schedule your consultation.