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FEDERAL FAIR LABOR STANDARDS ACT (FLSA)

The Federal Fair Labor Standards Act ("FLSA") is found at Title 29, United States Code, Sections 201 and following. It requires all employers engaged in interstate commerce to pay their employees a minimum wage. The Wage and Hour Division of the U. S. Department of Labor has primary responsibility for enforcing the law. The Administrator of the Wage and Hour Division has established a dollar volume of business ($500,000 in 1990) as a standard by which it is presumed that the employer is covered by the law.

The law requires the payment of the minimum wage of $5.15 an hour. This amounts to $206 per week for a 40 hour work week, or $10,712 annual wages. The act also requires employers to pay one and one-half times the employee’s regular rate of pay for all hours worked in excess of 40 hours per week.

An employee’s regular rate of pay includes all pay received for the workweek divided by the number of hours worked to equal an hourly rate. Included are shift differential pay, hazardous duty pay, on-call pay, and attendance and performance bonuses.

Certain employees who perform managerial, administrative, or professional functions are exempt from the wage and overtime provisions.

The FLSA is very complicated. You should contact the Wage and Hour Division of the Department of Labor for further information or for the text of the law go to

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