Employment Lawyers Fighting for Workers’ Rights in New Jersey, Pennsylvania & Throughout the United States

What is FLSA?

What is FLSA?

In Pennsylvania and New Jersey, certain workers are protected under the Fair Labor Standards Act. This law establishes the minimum wage and overtime requirements. It also establishes child labor standards and the 40-hour work week. If you are covered under the FLSA, you may want to talk to the attorneys at Swartz Swidler if your rights under the act have been violated by your employer.

Ways that the FLSA protects workers

The FLSA mandates that non-exempt statutory employees are paid at least the federal minimum wage of $7.25 per hour. Workers who work more hours than 40 in a work week are also entitled to overtime pay at a rate of one-and-one-half times their regular hourly pay. Amendments to the law have also provided additional protections, including the following:

  • Equal pay for equal work
  • Standards about how compensatory time off from work is offered
  • Protections for hospitals and educational institutions
  • Protections for state and federal employees

You are able to sue your employer if you are entitled to overtime pay but do not receive it.

Schedule an appointment today. Call (856) 685-7420 or

Schedule an appointment today.
Call (856) 685-7420 or

What does the FLSA do?

The FLSA outlines the rules for pay and overtime for American workers. It also defines who is responsible for enforcing it and covers some federal employees. The U.S. Department of Labor’s Wage and Hour Division is responsible for ensuring that the law is followed. The U.S. Office of Personnel Management enforces the law for other employees of the executive branch of the government. Legislative employees are protected by the U.S. Congress. The FLSA makes certain that covered workers who work more than 40 hours in a week receive overtime pay.

Who is covered?

Theoretically, the FLSA applies to all employees who are non-exempt. The attorneys at Swartz Swidler understand the law and are able to determine whether or not your job meets the requirements.

There are two tests that are used to determine if a worker is eligible for overtime pay or coverage under the FLSA. These are the salary and responsibility tests. If a worker meets the criteria for either of these tests, he or she is likely to be eligible for overtime pay.

Salary Test:

The Obama administration increased the minimum salary for exempt employees from $455 per week to $910 per week. Under that rule, employees who would be paid less than $910 per week would have been FLSA eligible. However, a court in Texas blocked the implementation of that rule, and the DOL dismissed its own appeal from the U.S. Court of Appeals for the 5th Circuit in Sept. 2017. This means that the current minimum salary requirement remains at $455 per week. The DOL has stated that it will likely raise the salary amount in 2018 somewhere in the $30,000 to $36,000 per year range.

Responsibility Test:

This test is more difficult because it requires scrutiny of the actual tasks that workers are required to do. Job titles do not matter if the work that is performed is actually non-managerial. The responsibility test looks at the type of work that a worker is doing throughout each workday.

Exempt from FLSA coverage

The following are exempt from FLSA coverage:

  • Executive work tasks
  • Professional jobs
  • Administrative jobs
  • Sales jobs

What happens to employees who are not covered by the FLSA?

Employees who are not covered by the FLSA do not receive any protection from the law. Exempt employees can expect to receive their base salaries since they are normally salaried. While the FLSA does not cover these workers, there may be other laws that do.

Covered workers

Covered workers must be paid one-and-one-half their regular hourly pay for all hours worked over 40 hours in a week. The law also allows employers to reimburse workers for overtime by giving them compensatory time off. If you believe that you are entitled to overtime pay and have not been paid what you are owed, contact the experienced employment lawyers at Swartz Swidler for help.

Most Frequently Asked Question: Do I Have A Case?

While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is to contact one of our attorneys. For more information check out the FAQ below or visit our FAQ Page

Most Frequently Asked Question:
Do I Have A Case?

While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is contact one of our attorneys. For more information on a just a few scenarios checkout the flip box FAQ below or visit our FAQ Page.

Our Locations

Cherry Hill Headquarters

1101 Kings Hwy N
Suite 402
Cherry Hill, New Jersey 08034

Phone: (856) 685-7420
Fax: (856) 685-7417

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123 South 22nd Street
Philadelphia, PA 19107

Phone: (215) 995-2733

Our Locations

Cherry Hill Headquarters

1101 Kings Hwy N
Suite 402
Cherry Hill, New Jersey 08034

Phone: (856) 685-7420
Fax: (856) 685-7417

Philadelphia Satellite Office

123 South 22nd Street
Philadelphia, PA 19107

Phone: (215) 995-2733