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

• Minimum Wage
• Overtime
• Tip Regulations
• Hours Worked
• Recordkeeping
• Child Labor
• Fact Sheets
• Posters

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for qualifying family and medical reasons and requires continuation of their group health benefits under the same terms and conditions as if the employee had not taken leave. Check with your State Labor Department to determine if you have additional or greater protections under state law.

• Employer Guide
• Employee Guide
• Military Leave Guide
• Wage & Hour Fact Sheets
• FMLA Forms
• FMLA Posters

The law requires an employer to post a notice describing the Federal laws prohibiting job discrimination based on race, color, sex (including pregnancy and related conditions, sexual orientation, or transgender status), national origin, religion, age (40 and older), equal pay, disability or genetic information (including family medical history or genetic tests or services), and retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding. Title VII of the Civil Rights Act of 1964 imposes a monetary penalty for covered employers who fail to post these notices.

The Department of Labor (DOL) recommends several best practices to prevent and address retaliation in the workplace. These practices are designed to create a workplace environment where employees feel safe and comfortable reporting concerns. Retaliation occurs when an employer (through a manager, supervisor, administrator or directly) fires an employee or takes any other type of adverse action against an employee for engaging in protected activity. An adverse action is an action which would dissuade a reasonable employee from raising a concern about a possible violation or engaging in other related protected activity. Retaliation can have a negative impact on overall employee morale.

Is a Worker an Employee or an Independent Contractor?

The Department has issued regulations addressing how to analyze whether a worker is an employee or an independent contractor under the FLSA (29 CFR part 795, effective March 11, 2024). Employees receive the protections of the FLSA. Independent contractors are in business for themselves and therefore are not covered by the FLSA.

Workers who are pregnant, have recently given birth and/or are nursing should know that several federal laws may apply and provide different employment protections at the same time. Check with your State Labor Department to determine if you have additional or greater protections under state law.

• Pregnant Workers Fairness Act (PWFA)
• Pregnancy Discrimination & ADA
• PUMP Act