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Frequently Asked Questions About the Fair Labor Standards Act

In 1938, the Fair Labor Standards Act (FLSA) was enacted to establish the minimum wage, recordkeeping, youth employment, and overtime standards affecting workers in the private sector and local, state, and federal governments.

  1. Question: When are raises necessary?

    2. Pay increases are a matter of between the business and worker, or the worker’s agent. The FLSA does not require pay raises above the Federal minimum wage.

  2. Question: Must an employer provide pay stubs to employees?

    3. The FLSA does expect employers to maintain detailed records of employees’ earning and hours worked. However, the FLSA does not require employers to provide pay stubs to employees.

  3. Question: What is minimum wage?

    4. The Federal minimum wage stipulations for nonexempt, covered workers are contained in the FLSA. The Fair Minimum Wage Act of 2007 included staged increments to the federal minimum wage. Also, many states have enacted individual minimum wage laws. Employees are entitled to the higher of the two minimum wages if both the Federal and state minimum wage laws apply. However, there are a variety of minimum wage exceptions under certain circumstances for student learners, employees with disabilities, tipped employees, full-time students, and youth under age 20 in their first 90 consecutive calendar days of employment.

  4. Question: When is overtime pay required?

    5. Under the provisions of the FLSA, overtime pay must be at least one and one-half times a worker’s regular pay rate after 40 hours of work in a work week for nonexempt, covered workers. A few exclusions exist to the 40 hours per week rule in particular circumstances, such as firefighters and police officers employed by public agencies, and nursing home and hospital staff. Many states have enacted specific overtime laws. Workers under both the state and federal overtime laws are covered according to the higher standard, including a greater pay rate.

  5. Question: How many hours and when can youth be employed?

    6. The FLSA minimum age requirement is 14 for non-agricultural work. Limits on hours worked by 14 and 15-year-olds include the following:

    • Non-school hours
    • Between 7:00 a.m. and 7:00 p.m.
    • Three hours on a school day
    • Eight hours on a non-school day
    • 18 hours in a school week
    • 40 hours during a non-school week

    The Work Experience Career Exploration Program (WECEP) permits youth between the ages of 14 and 15 in the program to work during the school week hours three hours on school days and up to 23 hours during school weeks. The FLSA does not restrict the times of day or number of hours for employees who are 16 years and older. However, in states with child labor laws, the higher standard must be followed.

  6. Question: What type of work can youth perform?

    7. Regulations covering non-agricultural youth employment differ slightly from agricultural work mandates. In non-agricultural work, the permissible functions by age include the following:

    • 18 years or older: May perform any job, including hazardous ones.
    • 16 and 17 years old: May perform any non-hazardous work.
    • 14 and 15 years old: May work outside school hours doing various non-hazardous, non-mining, and non-manufacturing work.

    Separate age requirements apply for youth employed in agricultural work.

  7. Question: What is the youngest age for employment?

    8. Fourteen is the minimum age for the majority of non-agricultural employment. However, youth at any age may babysit, work for a business their parents own, deliver newspapers, perform in theatrical productions, movies, television, and radio, and complete minor chores around a private home.

  8. Question: Under the FLSA, what workers are exempt from overtime pay and minimum wage requirements?

    9. FLSA regulations of overtime pay and minimum wage are not applicable to exempt employees, such as outside salespeople, professionals, computer specialists, administrative employees, and executives. Other workers exempt from overtime pay and minimum wage requirements include newspaper delivery workers, casual babysitters, and those employed by recreations or seasonal companies.

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