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Fair Labor Standards Act

Federal Standards for Wage and Overtime Pay

The Fair Labor Standards Act (FLSA) is a United States federal law that protects workers by establishing standards for minimum wage, overtime, record keeping, and youth labor.

This law covers full-time and part-time workers in the private sector, as well as government workers both at the federal and state levels. The law applies to some workers because of the type of business or organization they work for (called “enterprise coverage”) and to some because of the type of work they perform (called “individual coverage.”)

As a practical matter, the vast majority of workers are protected under FLSA. Enterprise coverage applies to businesses with two or more employees that have gross receipts of at least $500,000.00. Individual coverage applies if any facet of the job involves “interstate commerce.” This includes a wide variety of activities, such as talking by telephone to people in other states, handling records of interstate transaction, and doing janitorial work in a building where items are shipped out-of-state.

Most likely, you as a worker are protected by FLSA unless you are in a category that is considered “exempt” as defined in FLSA. Specific categories of workers are exempt form either the overtime provisions of FLSA, some from both the minimum wage and overtime provisions and some from the youth labor provisions. These exemptions are very narrow. If your employer has identified you as exempt, you may wish to contact a Dallas employment attorney to verify that exemption.

Currently, all workers covered under FLSA must be paid a national minimum wage of $7.25 per hour. Employers may pay workers who receive at least $30.00 per month in tips a minimum wage of $2.13 per hour. It is important to realize that each state may have its own minimum wage and that the employer must pay the worker the higher amount. Current Texas law requires the same minimum as the federal standards.

Finally, employers must pay non-exempt employees who work more than 40 hours per week overtime. This is to be calculated at least at the rate of time and a half of the employee’s regular hourly rate.

Dallas employment law firm Erick & Thomas is available for a free initial consultation. Simply fill out the form on this page.

Disclaimer: This website is for informational purposes only and does not constitute legal advice. Usage of this website does not constitute an attorney-client relationship.
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