What is the Fair Labor Standards Act (FLSA)?

The Fair Labor Standards Act (FLSA) is a federal law that sets standards for wages and overtime pay. It was enacted by Congress in 1938 and is administered by the U.S. Department of Labor. The FLSA covers employees who are employed by businesses that do at least $500,000 of business in annual sales or are engaged in interstate commerce. The FLSA requires that employers pay their employees at least the federal minimum wage and overtime of 1.5 times the regular wage for any hours over 40 per week. In California, the minimum wage is higher than the federal minimum wage, currently at $13.00 for employers with 26 or more employees and $12.00 for employers with 25 or fewer employees. The FLSA also provides workplace protections for employees, such as prohibiting employers from demanding that employees work off the clock, requiring employers to keep accurate records of employee wages and hours, and prohibiting employers from using tips to account for wages. Employees have the right to file a complaint with the Department of Labor if their employer is acting in violation of the FLSA and can be entitled to back wages and other penalties if successful.

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What is the Fair Labor Standards Act (FLSA)?

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