FLSA (Fair Labor Standards Act)

The Fair Labor Standards Act, enacted in 1938, is the main federal wage law. The U.S. Department of Labor says it establishes minimum wage, overtime pay, recordkeeping, and youth employment standards for workers in the private sector and in government.

Under the FLSA, covered nonexempt workers must be paid at least $7.25 per hour, the federal minimum wage since July 24, 2009, and overtime at not less than one and one-half times their regular rate for hours worked over 40 in a workweek. Many states and cities set higher minimum wages, and workers get whichever is higher. Some workers are exempt from overtime, such as certain salaried executive, administrative, and professional employees, but exemptions depend on job duties and salary, not job title.

Common FLSA claims include unpaid overtime, off-the-clock work, automatic meal break deductions, rounding time in the employer's favor, and misclassification as exempt or as an independent contractor. Workers can recover unpaid wages plus an equal amount in liquidated damages, and attorney fees. FLSA group cases are "collective actions," which differ from class actions: workers must file a written consent to opt in.

Under 29 U.S.C. 255, an FLSA claim must generally be filed within two years, or three years if the violation was willful. Each paycheck can start a new clock, so waiting costs money. Keep pay stubs and your own record of hours. See our pages on unpaid overtime, meal breaks and time rounding, and the wage and hour claim entry.