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Fair Labor Standards Act FLSA The Fair Labor Standards Act (FLSA) is a federal

employment law that defines employer obligations relating to employee wages, hours, overtime,
and child labor.

Employers Who Are Covered by FLSA The FLSA applies only to employers whose annual
sales total $500,000 or more or who are engaged in interstate commerce. the law covers nearly
all workplaces. This is because the courts have interpreted the term interstate commerce very
broadly.

Employers Who Are Exempt from FLSA A few employers, including small farms—those that
use relatively little outside paid labor—are explicitly exempt from the FLSA. Many airline
employees are exempt from the FLSA's overtime provisions. And most companions for the
elderly are exempt from both minimum wage and overtime provisions.

Exempt Employees salary requirements Administrative, executive and professional


employees, salespeople and STEM Science, Technology, Engineering, and Math employees can
be classified as exempt and, therefore, ineligible for overtime pay if they meet the following
criteria:

-Employees are paid a salary


-Employees earn at least $455 per week.
-Employees are paid a salary for any week they work.

Exceptions to Overtime Requirements In general, non-exempt employees earning less than


$455 per week, which is $23,660 per year, are guaranteed overtime pay. Some exceptions to this
include researchers or those working under an educational or governmental grant.

Exempt employee and dock pay Exempt employee can not be docked for partial absences
full day only However can be dock for workplace misconduct.

FMLA Family & Medical Leave provides certain employees with up to 12 weeks of unpaid,
job-protected leave per year. It also requires that their group health benefits be maintained during
the leave.

FMLA eligibility Employees are eligible for leave if they have worked for their employer at
least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the
company employs 50 or more employees within 75 miles

FMLA military If caring for a covered service member you are entitled to 26 weeks of
unpaid leave within 12 mo

Fluctuating Workweek An employee paid a set amount per week, whether the total hours
are more or less than what would be worked during a standard week, as long as effective hourly
pay does not drop below minimum wage. Any hours worked over 40 is OT .
Private-sector employees Comp Time in lieu of Overtime Only Private-sector employees may
take comp time instead of overtime pay when they work more than 40 hours a week. Time off
must be within same pay period as worked

Public-sector employees Comp Time in lieu of Overtime State and Local government
employers can give comp time vs overtime pay if an agreement between ee and er must be able
to take, paid out during termination can accumulate 240 hrs and max for pubic safety 480
hrs/320 OT hrs.

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