U.S. Department of LaborEmployment Standards Administration

The Fair Labor Standards ActMajor Provisions

• Minimum Wage- currently $7.25 per hour

• Overtime Pay- time and a half after 40 hours worked in a workweek

• Youth Employment- minimum age for employment is 14 in non-agricultural occupations. Employees under the age of 18 are restricted from the hazardous occupations

• Recordkeeping- employers must make and keep certain records and display the FLSA poster at the worksite

U.S. Department of LaborEmployment Standards Administration

The FLSA Does Not Require

• Vacation, holiday, severance, or sick pay• Meal or rest periods, holidays off, or vacations• Premium pay for weekend or holiday work• A discharge notice, reason for discharge, or

immediate payment of final wages to terminated employees

• Any limit on the number of hours in a day or days in a week an employee at least 16 years old may be required or scheduled to work

• Pay raises or fringe benefits

U.S. Department of LaborEmployment Standards Administration

Enforcement

• FLSA enforcement is carried out by Wage and Hour staff throughout the U.S

• Where violations are found, Wage and Hour advises employers of the steps needed to correct violations, secures agreement to comply in the future and supervises voluntary payment of back wages as applicable

• A 2-year statute of limitations generally applies to the recovery of back pay. In the case of a willful violation, a 3-year statute of limitations may apply

U.S. Department of LaborEmployment Standards Administration

Enforcement

In the event there is not a voluntary agreement to comply and/or pay back wages, the Wage and Hour Division may:

• Bring suit to obtain an injunction to restrain the employer from violating the FLSA, including the withholding of proper minimum wage and overtime

• Bring suit for back wages and an equal amount as liquidated damages

An employee may file a private suit for back pay and an equal amount as liquidated damages, plus attorney’s fees and court costs

U.S. Department of LaborEmployment Standards Administration

Additional Information

• Visit the WHD homepage at: www.wagehour.dol.gov

• Call the WHD toll-free information and helpline at 1-866-4US-WAGE (1-866-487-9243)

• Use the DOL interactive advisor system - ELAWS at: www.dol.gov/elaws

• Call or visit the nearest Wage and Hour Division OfficeHouston District Office 8701 S. Gessner Dr., Suite 1164713-339-5500