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What is the FLSA?

The Fair Labor Standards Act (FLSA), which affect many private and public companies; including those in California, prescribes standards for the basic minimum wage and overtime pay. The FSLA is administered by the Employment Standards Administration’s Wage and Hour Division within the U.S. Department of Labor.

The basic requirements of the FLSA include:

  • Payment of the minimum wage
  • Overtime pay for time worked over 40 hours in one workweek
  • Restrictions on the employment of children
  • Recordkeeping

While the FLSA has been amended many times over the year, it currently provides that covered workers are entitled to overtime pay at a rate of not less than one and one half times their regular rage. If you have questions about whether or not you are covered by FSLA, contact an experienced Orange County employment attorney.

Wages required by the FLSA are due on the regular payday for the pay period covered. Deductions made from wages (for cash or merchandise shortages, employer-required uniforms, and tools of the trade, etc…) are not legal if they reduce the wages of employees below the minimum wage or reduce the amount of overtime pay due under the FLSA. It is also important to note that various minimum wage exceptions apply under specific circumstances to workers with disabilities, full-time students, youth under age 20 in their first 90 days of employment, tipped employees and student-learners.
In order for FLSA to apply, there must be an employment relationship between an “employer” and an “employee.” An employer, must keep detailed records on wages, hours, and other items generally included to be ordinary business practices. If you do not receive the information listed above on your payroll sheet, you may have a legal claim.

For more information on FLSA and how it affects your rights, contact the experienced Orange County attorneys at Hardin & Associates today.