Federal Law

FLSA

Fair Labor Standards Act

29 U.S.C. §§ 201-219

Employer Size

1+

Filing Deadline

730 days

Extended Deadline

— days

Filing Agency

U.S. Department of Labor, Wage and Hour Division or federal court

Overview

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. The FLSA uses two coverage tests: enterprise coverage applies to businesses with at least $500,000 in annual gross revenue, and individual coverage applies to employees who engage in interstate commerce or the production of goods for interstate commerce. The FLSA requires employers to pay covered nonexempt employees at least the federal minimum wage and overtime pay of one and one-half times the regular rate of pay for hours worked over 40 in a workweek.

Key Provisions

  • Requires payment of federal minimum wage for all hours worked by nonexempt employees
  • Requires overtime pay at 1.5 times the regular rate for hours exceeding 40 per workweek
  • Establishes child labor protections restricting hours and types of work for minors
  • Requires employers to maintain accurate records of hours worked and wages paid
  • Prohibits retaliation against employees who file complaints or participate in proceedings

Available Remedies

Back wages (unpaid minimum wage and/or overtime)Liquidated damages equal to back wages amountAttorney fees and court costsInjunctive relief to restrain further violationsCriminal penalties for willful violations (fines up to $10,000 and/or imprisonment)

Filing Information

Deadline

2-year statute of limitations (3 years for willful violations)

Agency

U.S. Department of Labor, Wage and Hour Division or federal court (private lawsuit)

Eligibility Notes

  • •Enterprise coverage applies to businesses with $500,000+ annual gross revenue
  • •Individual coverage applies if employee engages in interstate commerce
  • •Exemptions exist for executive, administrative, professional, and outside sales employees
  • •Highly compensated employee exemption applies to employees earning $107,432+ annually (set by 2020 DOL rule; the 2024 DOL rule to increase this was vacated by federal court in Nov. 2024)
  • •Some state and local employees have special provisions

Covers These Situations

wage theftunpaid overtimemisclassificationretaliation

Protected Characteristics

minimum wageovertimechild labormisclassification

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This information is provided for educational purposes only and does not constitute legal advice. Laws and regulations are subject to change. Consult a qualified employment attorney for advice about your specific situation. Last reviewed: February 2025.