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US Labour Law

FLSA (Fair Labor Standards Act)

The FLSA sets US federal minimum wage ($7.25/hr), requires time-and-a-half overtime pay for hours over 40 per week, and prohibits oppressive child labour. Many states have higher minimums. Violations can be reported to the DOL Wage and Hour Division.

Legal Definition

The Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.) is administered by the Department of Labor (DOL) Wage and Hour Division. Key provisions: **Minimum Wage**: Federal minimum is $7.25/hour; many states and cities have higher rates. The applicable minimum is the highest of federal, state, or local rates. **Overtime**: Non-exempt employees must receive at least 1.5× their regular pay rate for hours worked beyond 40 in a workweek. **Exemptions**: Certain 'white collar' employees (executive, administrative, professional) earning above a salary threshold are exempt from overtime. Misclassification of non-exempt workers as exempt is a common violation. **Child Labour**: Children under 14 generally cannot work; those 14–15 are limited in hours and job types; those 16–17 cannot do hazardous work. To file a wage complaint: contact the DOL Wage and Hour Division (1-866-487-9243 or dol.gov/agencies/whd) or file a private lawsuit. You can recover unpaid wages, an equal amount as 'liquidated damages,' and attorney's fees. The limitations period is 2 years (or 3 for willful violations).

📖 Constitutional / Statutory Basis: Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.); Portal-to-Portal Act of 1947

Practical Example

A delivery worker is classified by his employer as an 'independent contractor' and paid per delivery with no overtime. An FLSA analysis finds he is actually an employee who has worked 55-hour weeks. He can recover 1.5× his regular rate for 15 hours per week, going back 3 years, as a willful violation.

Frequently Asked Questions

Am I entitled to overtime pay under the FLSA?
Most hourly ('non-exempt') employees are entitled to 1.5× pay for hours over 40 in a week. Salaried employees earning above the FLSA salary threshold may be 'exempt' — but not all salaried workers are exempt. If you are in doubt, check with the DOL Wage and Hour Division.
What should I do if my employer is not paying me overtime in the US?
Keep records of your hours and pay. File a complaint with the DOL Wage and Hour Division (free, confidential). You can also sue your employer in federal court. Retaliation for filing an FLSA complaint is illegal.

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