Wages and Hours of Work

List and agency • Nonexempt workers are entitled to a minimum wage of $7.25 per
regulations hour effective July 24, 2009.
• Special provisions apply to workers in American Samoa and the
Commonwealth of the Northern Mariana Islands.
• Nonexempt workers must be paid overtime pay at a rate of not less
than one and one-half times their regular rates of pay after 40 hours
of work in a workweek.
• FLSA does not limit the number of hours in a day or days in a week
an employee may be required or scheduled to work, including
overtime hours, if the employee is at least 16 years old.
• FLSA does not provide wage payment or collection procedures for
an employee’s usual or promised wages or commissions in excess of
those required by the FLSA.
• Prohibited are partial displacements such as reducing employees’
hours, wages, or employment benefits.
• Youth minimum wage of not less than $4.25 an hour is permitted
for employees under 20 years of age during their first 90 consecutive
calendar days of employment with an employer.

How the agency Wage and Hour Administrator will issue Administrator
implements the Interpretations when determined, in the Administrator’s discretion,
relevant law and that further clarity regarding the proper interpretation of a statutory
policy. or regulatory issue is appropriate. Administrator Interpretations will
set forth a general interpretation of the law and regulations,
applicable across-the-board to all those affected by the provision in
issue. Guidance in this form will be useful in clarifying the law as it
relates to an entire industry, a category of employees, or to all
employees

Agency Web site link http://www.dol.gov/whd/america2.htm or by calling the Division’s toll-free help line at 1-866-4USW
References
Alexander, C., & Haley-Lock, A. (2013). Not Enough Hours in the Day: Work Hour Insecurity and a New Approach to Wage a
Barrett, L. D. Family and Medical Leave at Colorado State University.
Friend, M. A., & Kohn, J. P. (2014). Fundamentals of occupational safety and health. Bernan Press.
Safety and Health Standards
Three Department of Labor (DOL) agencies have responsibility for the
administration and enforcement of the laws enacted to protect the safety
and health of workers in America.
• Occupational Safety and Health Administration
o OSHA administers the Occupational Safety and Health (OSH) Act.
o Safety and health conditions in most private industries are regulated by
OSHA or OSHA-approved state plans.
o Nearly every employee in the nation comes under OSHA's jurisdiction
with some exceptions such as miners, some transportation workers, many
public employees, and the self-employed.
o Employers subject to the OSH Act also have a general duty to provide
work and a workplace free from recognized, serious hazards.
• Mine Safety and Health Administration
o DOL's MSHA has responsibility for administration and enforcement of the
Mine Safety and Health Act of 1977, which protects the safety and health
of workers employed in the nation's mines.
o The Act applies to all mining and mineral processing operations in the
United States, regardless of size, number of employees, or method of
extraction.
• The Fair Labor Standards Act
o FLSA contains rules concerning the employment of young workers, those
under the age of 18, and is administered and enforced by DOL's Wage and
Hour Division. Intended to protect the health and well-being of youth in
America, the FLSA contains minimum age restrictions for employment,
restrictions on the times of day youth may work, and the jobs they may
perform.

Standards are grouped into four major categories: general industry (29 CFR
1910); construction (29 CFR 1926); maritime (shipyards, marine terminals,
longshoring—29 CFR 1915-19); and agriculture (29 CFR 1928). While some
standards are specific to just one category, others apply across industries.
Among the standards with similar requirements for all sectors of industry
are those that address access to medical and exposure records, personal
protective equipment, and hazard communication

OSHA’s Publications Web site, including online publication order forms, the
OSHA poster, and guidance on OSHA recordkeeping. Publications can also
be ordered from the OSHA Publications Office at 1-202-693-1888.
Insecurity and a New Approach to Wage and Hour Regulation. Georgia State University College of Law, Legal Studies Research Paper, (

th. Bernan Press.

Family and Medical Leave Whistleblower Protetection
• provide an eligible employee with up to 12 • Taxation of Whistleblower Judgments
weeks of unpaid leave each year for any of • Merit System Protection Board Procedures for
the following reasons: Adjudicating Whistleblower Cases
o for the birth and care of the newborn child • IRS Whistleblower Informant Award
of an employee; • Labor rights
o for placement with the employee of a • Federal employee Whistleblower Protections
child for adoption or foster care; • Occupational Environmental and Nuclear Safety Laws
o to care for an immediate family member • Federal contractor claim
(spouse, child, or parent) with a serious
health condition; or
o to take medical leave when the employee
is unable to work because of a serious
health condition.
• 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.

Implementation: Whether an employee has The whistleblower protection statutes enforced by

worked the minimum 1,250 hours of service OSHA are listed below. They contain whistleblower
is determined according to FLSA principles anti-retaliation provisions that generally provide that
for determining compensable hours or work. employers may not discharge or otherwise retaliate
against an employee because the employee has filed a
complaint or exercised any rights provided to
employees. Each law requires that complaints be filed
within a certain number of days after the alleged
retaliation. Complaints may be filed orally or in writing,
and OSHA will accept the complaint in any language

elaws Employee/Employer AdvisorCompliance Assistance: Family and Medical Leave Act (FMLA)

www.whistleblowers.gov
University College of Law, Legal Studies Research Paper, (2013-24).