Fair Labor Standards Act

• The Fair Labor Standards Act (FLSA) regulates the American work week, including overtime pay. The FLSA is found in Title 29, Sections 201-209 of the U.S. Code. The FLSA applies to almost all employers in the United States, including government employers, schools and private businesses.
  
  

Minimum Wage

• One of the key parts to the FLSA is the enactment of a federal minimum wage for all employees. As of July 24, 2009 the federal minimum wage is $6.55 per hour, and as of July 24, 2010 the minimum wage rises to $7.25 per hour. The minimum wage applies to any amount of time less than 40 hours worked in one week. For example, if you work 30 hours in one week, you must be paid, at a minimum, $196.50 for your time (30 x $6.55).
  
  

40-Hour Work Week

• Another key component of the FLSA is the establishment of the 40-hour work week. The FLSA provides that the regular work week in the United States is 40 hours. Any time that you work less than 40 hours is considered normal time, and any time worked beyond 40 hours is considered overtime. The 40-hour requirement applies to each week, not each pay period. So, for example, if you are paid every two weeks, and you work 30 hours the first week and 50 hours the next week, you worked 80 hours total. But, because you worked 50 hours in one of the weeks, you must be paid overtime for 10 hours, even though combined you only worked 80 hours.
  
  

Overtime Pay

• The FLSA provides that any overtime work you do must be paid at the overtime rate of time and a half. If, for example, you are paid the minimum wage of $6.55 and you work 55 hours one week, you must be paid $6.55 per hour for the first 40 hours, plus $9.83 per hour for the remaining 15 hours ($6.55 x 1.5 = $9.83). Other than the overtime pay requirement, there is no legal limit on how many hours an employee 16 years or older may work in one week.
  
  

Enforcing Your Overtime Rights

• The overtime requirements and other parts of the FLSA are enforced by the U.S. Department of Labor, Wage and Hour Division. If you believe that your employer has violated your rights to overtime pay, you should contact the Wage and Hour Division using the link below. The federal agent working at the Wage and Hour Division can discuss your problem and rights under the FLSA.