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elaws - employment laws assistance for workers and small businesses - Fair Labor Standards Act Advisor

Do I have to comply with the FLSA?

The FLSA "covers" or applies to all employees of certain "enterprises." All employees of an "enterprise" are covered regardless of the duties they perform. If your company/organization does not meet one of the following definitions of a covered enterprise, your employees may still be covered if their own duties meet certain interstate commerce requirements. If your employees are covered and not exempt, you must comply with the FLSA.

There are a large number of workers who are employees of enterprises so we will begin by determining if your employees are covered on an enterprise basis.

Does your company/organization meet any of the following definitions of enterprise?

  • A Federal, state, or local government agency
  • A hospital; or an institution primarily engaged in the care of the sick, the aged, or the mentally ill or developmentally disabled who live on the premises; (it does not matter if the hospital or institution is public or private or is operated for profit or not-for-profit)
  • A pre-school; elementary or secondary school or institution of higher learning (e.g., college); or a school for mentally or physically handicapped or gifted children (it does not matter if the school or institution is public or private or operated for profit or not for profit)
  • A company/organization with annual dollar volume of sales or receipts in the amount of $500,000 or more

Yes
No
I don't know