Fair Labor Standards Act

The Fair Labor Standards Act (FLSA), also known as the Wages and Hours Bill, establishes the federal minimum wage and overtime pay for employees. As of July 24, 2009, the FLSA sets the federal minimum wage at $7.25 per hour and requires employers to pay non-exempt workers time-and-a-half for hours worked over 40. If a state has their own minimum wage requirements, the FLSA mandates that the employee receive the higher minimum wage.

The FLSA applies on a workweek basis and does not allow employers to average workweeks. A workweek can be defined as seven consecutive 24-hour periods, or 168 hours, that occur on a fixed, regular basis. Workweeks do not have to coincide with calendar weeks; they can start on any day at any hour.

Overtime Pay

The FLSA states that non-exempt employees should receive overtime pay for hours worked over 40 in a single workweek. While job titles do not determine overtime exemptions, non-management employees in the following fields are typically entitled to overtime pay:

• Maintenance
• Construction
• Installation
• Repair
• Clerical
• Kitchen work
• Secretarial
• Customer service

Overtime Exemptions

Workers that are exempt from overtime pay, meaning they are not entitled to overtime, must be paid at least $250 per week and meet one of these exemptions:

• Executive: The employee spends more than half of their time managing a business or department and usually directs the work of at least two employees.


• Administrative: The employee performs office or non-manual tasks related to the general business. This persona also uses independent judgment on a regular basis.


• Professional: The employee has learned a skill by a prolonged course of study, particularly in an artistic or creative field. Teachers are exempt under the professional exemption.

In additional, computer professionals and outside salesmen are typically exempt from overtime pay.

Filing an Overtime Complaint

While some employers fail to pay overtime unknowingly, others may do so on purpose. To find out if you are entitled to overtime pay, it is important to examine your job duties. If they do not meet any of the above overtime exemptions, you may be entitled to overtime pay. Also, the following are some additional guidelines regarding overtime wages:

• Workers making less than $23,600 per year are typically entitled to overtime
• Hourly workers should receive overtime (There are a few exemptions to this.)
• Salaried workers who make less than $455 per week should receive overtime pay

Employees who feel they are entitled to overtime pay that they are not receiving can file a complaint by calling 1-866-4USWAGE or by contacting their local Wage and Hour Division Office.