Who Does the Fair Labor Standards Act Cover?

The Fair Labor Standards Act (FLSA) of 1938 is a United States federal labor law that was designed to protect employee rights. It is a set of standards that outlines regulations employers who make over $500,000 in revenue or who operate in multiple states must abide by. It is important for all employees to have an understanding of the rights they are entitled to in the workplace. Continue reading to learn more about the FLSA and who it protects. Do not hesitate to speak with a Marquette employment lawyer if you have any questions or concerns regarding your rights as an employee.

What Did the Fair Labor Standards Act Do?

The Fair Labor Standards Act introduced the American public to a set of standards and regulations that employers must follow to ensure the protection and rights of their workers. The following are some regulations included in the FLSA.

1. The FLSA introduced the federal minimum wage. At the time of its publication, the law mandated that employers pay their employees $0.25/hour. Today’s federal minimum wage is $7.25.
2. It also established the 40-hour work week. The FLSA states that certain employees who work more than 40 hours per week must be offered time and a half pay for each hour over 40. Overtime is defined as anything over 40 hours and is billed as 1.5 the employee’s hourly rate.
3. The FLSA also created laws regarding child labor. Children had to reach the age of 14 before beginning work. There were also regulations introduced that limited the hours a child under 16 could work and restricted the types of occupations a child under 18 could hold. Before this, there were very few, if any, laws protecting children in the workplace.
4. This act also requires that employers pay both men and women the same amount for the same type of work. If the same skills and effort are required for each job, people cannot be discriminated against due to gender or sex.
5. The FLSA states that workers 40 years of age or older cannot be discriminated against in the workplace simply because of their age.

Who is Covered Under the Fair Labor Standards Act?

Many workers are exempt from the regulations of the Fair Labor Standards Act due to their job type or the amount of money they make. It is easier to count the groups that are not covered under the FLSA. The following are examples of some groups that are exempt from certain rules.

• Independent contractors
• Seasonal workers
• Small farm/agricultural workers
• Executive, administrative, and other office workers
• Outside salespeople

While some workers involved with the above may be covered, generally these groups are exempt. Speak with a lawyer to learn how the Fair Labor Standards Act applies to you.