is covered under the Fair Labor Standards Act (FLSA)?
A: Though it regulates other employment
issues, the FLSA primarily establishes a federal minimum wage and overtime pay
requirements. This article covers the act’s minimum wage provisions.
all employees covered by the FLSA?
A: The FLSA covers most employees. It applies
to any business that grosses at least $500,000 in annual gross volume of sales
or business and to any smaller business whose employees are engaged in, or
whose duties are directly essential to, interstate commerce. Governmental
entities are also subject to the FLSA, although special wage and hour
is exempt from the federal minimum wage requirements?
A: The federal minimum wage requirements do
not apply to:
administrative, and professional employees;
skilled computer professionals;
of certain seasonal amusement or recreational establishments;
employed on foreign vessels;
engaged in fishing operations;
engaged in newspaper delivery;
of small farms; and
babysitters and companions to the elderly.
all FLSA-covered employees earn at least the 2012 federal minimum wage of $7.25
A: No. Employees in certain categories may
earn less than the federal minimum wage. These include:
under the age of 20, who may be paid as little as $4.25 per hour for their
first 90 consecutive calendar days of employment;
employees, who may be paid as little as $2.13 per hour, under certain
students, who may be paid as little as $6.16 per hour, under certain conditions;
enrolled in vocational education, who may be paid as little as $5.44 per hour;
whose earning or productive capacities for the work to be performed are impaired
by physical or mental disabilities and who may be paid a commensurate wage rate.
the $7.25 federal minimum wage continue to rise in the future?
A: The federal minimum wage does not
increase automatically and a new law must be enacted before the minimum wage
can be raised.
a state has established a minimum wage, does the federal minimum wage still
A: Yes. All employees covered by the
federal minimum wage must be paid at least that amount. However, where a state has established a
minimum wage that is greater than the federal minimum wage, employers must pay
the higher state minimum wage.
records must employers keep to comply with the FLSA?
A: Employers subject to the FLSA must keep,
for three years, the payroll information of employees, such as names, addresses,
occupations, and hours worked each day and week. They must also maintain the
records on which wage computations are based (e.g., time cards) for two years.
Employers must allow the Department of Labor access to this information upon
employers notify their employees about the federal minimum wage?
A: Yes. Any employer whose employees are
entitled to the federal minimum wage must post a general notice about the FLSA.
if an employer does not comply with the federal minimum wage law?
who fail to comply may be investigated by the Department of Labor (DOL). The DOL
may recommend changes in employment practices to bring the employer into
compliance and can require the employer to pay back wages due to
An employer who fails to comply also may
face a lawsuit brought by the DOL or by an employee, which may result in an
order to provide back pay or damages and a court injunction prohibiting it from
continuing its unlawful practice. An employer who willfully and repeatedly
violates the FLSA may be subject to an additional penalty of up to $1,100 per
violation and may even be prosecuted criminally and fined up to $10,000. The
owners and officers of an employer convicted a second time for a willful FLSA violation
may face imprisonment.
there a time limit for an employee to file a lawsuit over an FLSA violation?
A: Yes. An employee must file within two
years of the violation or within three years if the violation was willful.
This “Law You Can Use” column was provided by the Ohio State Bar
Association (OSBA). It was prepared by Cleveland attorneys Keith A. Ashmus,
a partner at Frantz Ward LLP, and Jennifer L. Isaacs, an associate at Frantz
Ward LLP. Articles appearing in this column are intended to provide broad,
general information about the law. For information about a variety of legal
topics, visit the OSBA website at www.ohiobar.org.
Before applying this information to a specific legal problem, readers are urged
to seek advice from an attorney.
Labels: business, employees, labor law, minimum wage