Fair Labor Standards Act
Contents
Introduction
The Fair Labor Standards Act, which is generally known by its acronym FLSA, is a federal law which sets minimum wage, overtime pay, equal pay, recordkeeping and child labor standards for employers who are covered by the Act. It was originally enacted in 1938 during the Depression and applied only to private sector employees. However, the provisions of the FLSA have been extended and now generally apply to public sector employers, although some specific employees of cities and towns still may be exempt from some of the provisions of the Act.
MRSC probably receives the most questions concerning the FLSA in the area of overtime pay requirements for employees. The FLSA does not attempt to limit the number of hours that an employee can be required to work, either daily or weekly. It simply requires that overtime pay must be paid at a rate of not less than one and one-half times the nonexempt employees regular rate of pay for each hour worked in excess of the maximum number of hours applicable to the type of employment in which the employee is engaged. This usually means overtime pay for work in excess of 40 hours per week but not always since some employees, such as police and fire, may have a different limit, while in some cases compensatory time may be granted instead of overtime pay. Also, some employees, such as those working in professional, administrative or executive positions may be exempt entirely for purposes of the FLSA's overtime requirements.
It is important to remember that cities in Washington State must also comply with the state Minimum Wage Act, which is codified in Ch. 49.46 RCW. Many of the provisions of the state law and the federal FLSA are identical but there are some differences. When there is a difference, the city must comply with the most liberal law when viewed from the perspective of the employee. If the state law provides greater benefits than the FLSA, then the city must comply with state law. If the FLSA is more generous for the employee, then the city must comply with the FLSA.
It is not possible to summarize all of the requirements, exemptions, and exceptions of the FLSA in a short summary. The information below explains in greater detail the requirements of the FLSA and what cities must do to comply with its requirements.
Reference Sources
- Statutes
- Fair Labor Standards Act - 29 U.S.C. CHAPTER 8 - These are the federal statutes that comprise the FLSA.
- Ch. 49.46 RCW, the Washington State Minimum Wage Act
- Court Decisions
- Administrative Regulations
- Final Regulations Defining the "White Collar Employees" Exemption for FLSA Purposes
- Fair Labor Standards Act Regulations - Title 29 Code of Federal Regulations - These are the federal administrative regulations issued by the U.S. Department of Labor that accompany the FLSA.
- Ch. 296-128 Washington Administrative Code, Minimum Wages - These are the state regulations relating to minimum wage requirements.
- Opinion letters from the Department of Labor concerning the Fair Labor Standards Act
- Opinion letter dated August 7, 2006, discussing what is "nominal" payment to volunteer firefighters and what it means to be volunteering either for the "same public entity" or be performing "the same type of services" as volunteer performs as part of his or her employment.
- Frequently Asked Questions
- Selected MRSC Library Holdings - Fair Labor Standards Act (FLSA) [Note: Clicking on this link will take you to a list of documents available on loan through the MRSC library.]
- FLSA Employer/Employee Advisor
- U.S. Department of Labor FLSA Compliance Assistance
Documents
- Some Good News for Public Employers from the Supreme Court - by Erin Frazier Rice
- "FLSA Nuts and Bolts: Overtime Overview for Washington Municipal Employers" - an article by Charles N. Eberhardt, Perkins Coie.
- "Paramedics and EMS Personnel: Do They Meet the Fair Labor Standards Act 7(k) Exemption?" by Denise Ashbaugh, Summit Law Group
- "New FLSA White Collar Exemption Regulations: More Hype than Substance?" Bruce Schroeder, Summit Law Group
- FLSA Exemption Duties Tests and Related Information by the University of Washington Human Resources Department. A good discussion of exemptions. Includes links to checklists.
- A memorandum from the Snure Law Office to fire district and regional fire authorities regarding the FLSA and the use of volunteer firefighters and about the taxability of the compensation paid to volunteers.