Compliance Assistance — Fair Labor Standards Act (FLSA)

!!! NOTICE !!! On May 25, President Bush signed a spending bill that, among other things, amended the FLSA to increase the federal minimum wage in three steps: to $5.85 per hour effective July 24, 2007; to $6.55 per hour effective July 24, 2008; and to $7.25 per hour effective July 24, 2009. A separate provision of the bill brings about phased increases to the minimum wage in the CNMI and American Samoa, with the goal of bringing the minimum wage in those locations up to the general federal minimum wage over a number of years.

	Quick Links
Links to ESA compliance resources: ESA Compliance Assistance WHD Compliance Assistance Links to other Departmental compliance resources: Compliance Assistance Summary of Major DOL Laws Compliance Tools Employment Law Guide

• The Law (PDF)
• The Regulations
  29 CFR Chapter V
• Federal Register
  • Proposed Rules
  • Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees [03/31/2003] | [PDF Version]
  • Pre-2002 WHD Proposed Rules
  • Final Rules
  • Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees [04/23/2004] | [PDF Version]
  • Migrant and Seasonal Agricultural Worker Protection [Rules and Regulations] [12/16/2002] | [PDF Version]
  • Pre-2002 WH Rules
  • Notices
  • Application of the Fair Labor Standards Act to Domestic Service [CORRECTION] [04/11/2002] | [PDF Version]
  • Pre-2002 Notices

Synopsis of Law

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $5.85 per hour effective July 24, 2007; $6.55 per hour effective July 24, 2008; and $7.25 per hour effective July 24, 2009. Overtime pay at a rate of not less than one and one-half times their regular rates of pay is required after 40 hours of work in a workweek.

Compliance Assistance Materials

General Information    FAQ    Workplace Posters   Forms   eLaws Advisors    Guides     Fact Sheets     Presentations     Employer Self Assessment Tools

General Information

• General Information on the FLSA
• Questions and Answers About the Minimum Wage
• History of Changes to the Minimum Wage Law
• Chart of Minimum Wage Increases
• American Samoa Wage Rates
• Minimum Wage Laws In the States

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FAQ

• Questions and Answers About the Fair Labor Standards Act

Workplace Posters

• Fair Labor Standards Act (FLSA) Minimum Wage Poster
• Fair Labor Standards Act (FLSA) Minimum Wage Poster (Chinese version, PDF)
• Cartel del Salario Federal Minimo bajo la Ley de Normas Justas de Trabajo (Spanish language FLSA Poster)
• Notice to Workers with Disabilities/Special Minimum Wage Poster
• Aviso para Trabajadores con Impedimentos/ Cartel de Sueldos Mínimos Especiales
  (Spanish language Workers with Disabilities/Special Minimum Wage Poster)

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Forms

• Combined instructions for WH-200, WH-201, and WH-202
• WH-200 (PDF)
  Application for Authority to Employ Full-Time Students at Subminimum Wages in Retail or Service Establishments or Agriculture Under Regulations 29 CFR Part 519
• WH-201 (PDF)
  Application for Authority for an Institution of Higher Education to Employ its Full-Time Students at Subminimum Wages Under Regulations 29 CFR Part 519
• WH-202 (PDF)
  Application for Authority to Employ Six or Fewer Full-Time Students at Subminimum Wages in Retail or Service Establishments or Agriculture Under Regulations 29 CFR Part 519

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eLaws Advisors

• The Coverage and Employment Status Advisor helps identify which workers are employees covered by the FLSA.
• The Hours Worked Advisor provides information to help determine which hours spent in work-related activities are considered FLSA “hours worked” and therefore, must be paid.
• The Overtime Security Advisor helps determine which employees are exempt from the FLSA minimum wage and overtime pay requirements under the Part 541 overtime regulations.
• The Overtime Calculator Advisor computes the amount of overtime pay due in a sample pay period based on information from the user.
• The Child Labor Rules Advisor answers questions about the FLSA’s youth employment provisions, including at what age young people can work and the jobs they can perform.
• The Section 14(c) Advisor helps users understand the special minimum wage requirements for workers with disabilities.

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Guides

• Child Labor Requirements in Nonagricultural Occupations Under the Fair Labor Standards Act (Child Labor Bulletin 101)
  Provides employers and employees with information they need to understand the Federal child labor provisions for occupations other than agriculture.
• Child Labor Requirements in Agricultural Occupations Under the Fair Labor Standards Act (Child Labor Bulletin 102)
• Employment Law Guide: Minimum Wage and Overtime Pay
• Employment Law Guide: Child Labor (Nonagricultural Work)
• The Handy Reference Guide
• Important Change in the Child Labor Laws Affecting Hazardous Occupations Order No. 12 and the Loading of Scrap Paper Balers and Paper Box Compactors

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Presentations

• Comprehensive FLSA Presentation (Microsoft® PowerPoint®)
• Executive, Administrative, and Professional Exemption Presentation (Microsoft® PowerPoint®)

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Employer Self Assessment Tools

• Grocer's Self Assessment Tool for Youth Employment Compliance
• Restaurant's Self Assessment Tool for Youth Employment Compliance