HR Weekly News - What is the FLSA?

Weekly HR News – FLSA

What is the FLSA?
posted 4/3/14

The FLSA is the Fair Labor Standards Act which is administered by the US Department of Labor and applies to employers in both the private and the public sector.  The FLSA establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time employees. 

Currently, all covered nonexempt employees (those employees that receive overtime) are entitled to be paid no less than $7.25 per hour and receive time and a half for any hours over 40 worked within the designated work week.  The FLSA defines a workweek as a period of 168 hours during 7 consecutive 24-hour periods. The employer establishes by policy the day of the week and the hour of the day that the workweek will begin.

In addition, although there is no particular form required, cities as employers are required to keep records on all nonexempt employee wages, hours, and other items as follows:

  1. personal information, including employee’s name, home address, occupation, sex, and birth date if under 19 years of age;
  2. hour and day when workweek begins;
  3. total hours worked each workday and each workweek;
  4. total daily or weekly straight-time earnings;
  5. regular hourly pay rate for any week when overtime is worked;
  6. total overtime pay for the workweek;
  7. deductions from or additions to wages;
  8. total wages paid each pay period; and
  9. date of payment and pay period covered.

Cities, as public sector employers, are also required to hang the Kentucky and Federal Wage and Hour posters, which outline the provisions of the Act.  The federal poster can be downloaded for free at http://www.dol.gov/osbp/sbrefa/poster/main.htm and the Kentucky poster can be downloaded at http://www.labor.ky.gov/dows/doesam/Documents/KY%20Wage%20and%20Hour%20Laws.pdf.

The FLSA also provides guidelines for hiring minors.  The guidelines include restrictions on the number of hours that can be worked by minors under the age of 16, as well as restrictions on specific jobs that are considered hazardous in nature.  The required poster regarding the child labor laws can be found here http://www.labor.ky.gov/dows/doesam/Documents/KY%20Child%20Labor.pdf.

For questions on wage and hour issues or other personnel matters, contact Andrea Shindlebower with the KLC Legal Department.