The Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act sets the basic ground rules for pay in America. Three of its protections touch workers every week.

First, overtime: most workers are entitled to 1.5 times their regular pay for every hour worked beyond 40 in a workweek. This applies to “non-exempt” employees — and whether you’re exempt depends on your actual duties and salary, not just your job title, which is where many wage disputes start.

Second, the minimum wage: the FLSA sets a federal floor, but states and cities can — and many do — require more. When the rates differ, you’re entitled to the higher one.

Third, child labor: the Act limits the hours and types of work minors can do, especially in hazardous jobs, to protect young workers and their schooling.

The law is enforced by the Department of Labor’s Wage and Hour Division, which investigates unpaid wages and overtime. If you believe you were misclassified as exempt or shorted on overtime, you can file a confidential complaint — and there are time limits (generally two years, or three for willful violations) for recovering back pay.