The federal and state laws regarding pay, overtime, breaks, FLMA, sick leave, vacations, shifts, leaves of absence, minimum wage, and other matters relating to pay rates and times are very complicated. Below are the most frequently asked questions from the United States Department of Labor. These employment wages, payments, overtime questions are answered, verbatim - word-for-word - by the U.S. Dept. of Labor (see the original source on this page), so if you are getting the run-around from your boss, print the page to show him or her.
In 2023, the federal minimum wage is $7.25 per hour. That became effective July 24, 2009. Many states also have minimum wage laws that raise it above this. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.
State DOL Offices >- a list of all states and their labor office contact information.
WAGES, PAY AND BENEFITS
When are pay raises required?
Pay raises are generally a matter of agreement between an employer and employee (or the employee's representative). Pay raises to amounts above the Federal minimum wage are not required by the FLSA.
Is extra pay required for weekend or night work?
Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work. However, the FLSA does require that covered, nonexempt workers be paid not less than time and one-half the employee's regular rate for time worked over 40 hours in a workweek.
How are vacation pay, sick pay, holiday pay computed and when are they due?
The FLSA does not require payment for time not worked, such as vacations, sick leave or holidays (Federal or otherwise). These benefits are matters of agreement between an employer and an employee (or the employee's representative).
How is severance calculated and when is it due?
The FLSA requires payment of at least the minimum wage for all hours worked in a workweek and time and one-half an employee's regular rate for time worked over 40 hours in a workweek. There is no requirement in the FLSA for severance pay. Severance pay is a matter of agreement between an employer and an employee (or the employee's representative).
The Employee Benefits Security Administration (EBSA) may be able to assist an employee who did not receive severance pay required in his or her employment contract.
When must breaks and meal periods be given?
The FLSA does not require breaks or meal periods be given to workers. Some states may have requirements for breaks or meal periods. If you work in a state which does not require breaks or meal periods, these benefits are a matter of agreement between the employer and the employee (or the employee's representative).
Are periodic performance evaluations required?
The FLSA does not require performance evaluations. Performance evaluations are generally a matter of agreement between an employer and employee (or the employee's representative).
OVERTIME AND WORK HOURS
When is overtime due?
For covered, nonexempt employees, the FLSA requires overtime pay at a rate of not less than one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek. Some exceptions to the 40 hours per week standard apply under special circumstances to police officers and fire fighters employed by public agencies and to employees of hospitals and nursing homes.
Some states have also enacted overtime laws. Where an employee is subject to both the state and Federal overtime laws, the employee is entitled to overtime according to the higher standard (i.e., the standard that will provide the higher rate of pay).
How many hours per day or per week can an employee work?
The FLSA does not limit the number of hours per day or per week that employees aged 16 years and older can be required to work.
How many hours is full-time employment? How many hours is part-time employment?
The FLSA does not define full-time employment or part-time employment. This is a matter generally to be determined by the employer. Whether an employee is considered full-time or part-time does not change the application of the FLSA.
When can an employee's scheduled hours of work be changed?
The FLSA has no provisions regarding the scheduling of employees, with the exception of certain child labor provisions . Therefore, an employer may change an employee's work hours without giving prior notice or obtaining the employee's consent (unless otherwise subject to a prior agreement between the employer and employee or the employee's representative).
When is double time due?
The FLSA has no requirement for double time pay. This is a matter of agreement between an employer and employee (or the employee's representative).
Is extra pay required for weekend or night work?
Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work. However, the FLSA does require that covered, nonexempt workers be paid not less than time and one-half the employee's regular rate for time worked over 40 hours in a workweek.
RECORDKEEPING AND NOTICES
Are pay stubs required?
The FLSA does require that employers keep accurate records of hours worked and wages paid to employees. However, the FLSA does not require an employer to provide employees pay stubs.
What notices must be given before an employee is terminated or laid off?
The FLSA has no requirement for notice to an employee prior to termination or lay-off. In some situations, the WARN Act provides for notice to workers prior to lay-off. Some states may have requirements for employee notification prior to termination or lay-off.
Ways to save money AND help the environment:
Eat healthier AND save money: Instant Pot Duo Crisp 11-in-1 Air Fryer and Electric Pressure Cooker Combo with Multicooker Lids that Fries, Steams, Slow Cooks, Sautés, Dehydrates
Save water AND money with this showerhead adapter, it lets the water flow until the water is hot, then shuts off water flow until you restart it, ShowerStart TSV Hot Water Standby Adapter
Protect your health with these:
Mattress Dust mite-Bedbug protector, 100% Waterproof, Hypoallergenic, Zippered
Handheld Allergen Vacuum Cleaner with UV Sanitizing and Heating for Allergies and Pet, Kills Mite, Virus, Molds, True HEPA with Powerful Suction removes Hair, Dander, Pollen, Dust,
Immune Support Supplement with Quercetin, Vitamin C, Zinc, Vitamin D3
GermGuardian Air Purifier with UV-C Light and HEPA 13 Filter, Removes 99.97% of Pollutants
5 Stage Air Purifier, Features Ultraviolet Light (UVC), H13 True Hepa, Carbon, PCO, Smart Wifi, Auto Mode, Quiet, Removes 99.97% of Particles, Smoke, Mold, Pet Dander, Dust, Odors
Interesting Reads:
THE PREPPER'S CANNING & PRESERVING BIBLE: [13 in 1] Your Path to Food Self-Sufficiency. Canning, Dehydrating, Fermenting, Pickling & More, Plus The Food Preservation Calendar for a Sustainable Pantry
The Backyard Homestead: Produce all the food you need on just a quarter acre! Paperback
The Citizens' Guide to Geologic Hazards: A Guide to Understanding Geologic Hazards Including Asbestos, Radon, Swelling Soils, Earthquakes, Volcanoes
The Uninhabitable Earth: Life After Warming
Book: The Sixth Extinction: An Unnatural History Paperback