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What is the Fair Labor Standards Act?

Fair Labor Standards Act (FLSA): The FLSA sets the 40-hour workweek, as well as minimum wage, overtime pay, recordkeeping, and youth employment standards for employees in the private sector and in federal, state, and local governments. The FLSA covers all business in the U.S. with employees, except for a very few, very small businesses.

The FLSA exempts a variety of employees from workweek, minimum wage and/or overtime laws. Exempt employees include executives, administrative personnel and professionals; employees of seasonal amusement or recreation parks, small newspapers and newspaper deliverers; announcers, news editors, and chief engineers at certain non-metropolitan broadcasting stations; and movie theatre employees. The FLSA exempts another class of employees from its overtime provisions only, particularly those who work at hospitals, residential care facilities, police and fire departments and some securities industry brokers. All other employees are "non-exempt," and the FLSA hours, wage, overtime and recordkeeping requirements apply to them. Employees who earn more than $30 per month in tips are subject to a separate minimum wage structure, as are some student workers and physically or mentally disabled workers. The FLSA prohibits employment of minors under age 14 and restricts the number of hours of employees under age 16 may work.

The FLSA does not regulate or require vacation, holiday, severance, or sick pay; nor does it require   meal or rest periods, holidays off, or vacations. It also does not require premium pay for weekend or holiday work, and it does not mandate or regulate pay raises or fringe benefits. The FLSA also does not regulate termination of your employment at all—either the reasons for it or final wages (severance).

How do I know if I am covered and non-exempt under the Fair Labor Standards Act (FLSA)?

I think I have a problem with my employer under the FLSA and may be entitled to back pay:

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