Fair Labor STandards Act (FLSA)

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An FLSA claim is when a worker says their employer broke the law by not following rules on pay, hours, or child work. The goal is to fix the problem and get the worker paid fairly. Common types of claims include:

• Not Paying Minimum Wage: This happens when a worker gets less than the required hourly rate. For example, if a store clerk works 40 hours a week but only gets $6 per hour instead of the federal minimum of $7.25 (as of August 2025), they could claim the difference owed.
• Not Paying Overtime: Workers should get extra pay for extra hours. For instance, a factory worker who puts in 50 hours in a week but only gets their regular hourly rate for all hours (no 1.5 times boost for the extra 10 hours) can claim the missing overtime pay.
• Child Labor Violations: This is when kids under a certain age work in unsafe or too-long jobs. Example: A 13-year old hired for a non-farm job like stocking shelves in a warehouse, which is generally not allowed. 
• Poor Recordkeeping: Employers must track hours and pay accurately. If they don't it can make other claims harder to prove, but workers can still challenge it if it leads to unfair pay.
• Retaliation: If a worker complains about pay issues and the employer punishes them (like firing them or cutting hours), that's illegal. Example: A server reports unpaid overtime and gets demoted as a result. 
• Misclassification: Sometimes, an employer will misclassify an employee as Exempt from the FLSA, or will treat them as an hourly employee (non-exempt). This misclassification and/or misapplication of the Exempt status may lead to a claim. 

If successful, workers can get back what they're owed, plus extra money (sometimes double for intentional breaks of the law), legal fees, and stops to ongoing problems. 

Claims must be filed within 2 years of the issue (or 3 years if the employer broke the law on purpose).

Not every job or business falls under FLSA rules, but it covers most:

• Employers Covered: Businesses with at least $500,000 in yearly sales, those involved in business across state lines (like shipping goods interstate), or government offices. Even small businesses might be covered if their workers handle interstate tasks.
• Employees Covered: Most workers in private or public jobs, especially those doing work across state lines (e.g., using phones or computers for out-of-state calls, or handling shipped goods). Some workers are "exempt" from overtime rules, like certain manager or professionals, but they still get minimum wage protection.

Kids have special rules: No non-farm work under 14; limited hours and safe jobs for 14-15; no dangerous jobs for 16-17. Farm jobs allow younger kids in some cases.

If you're unsure if FLSA applies to you, check with the U.S. Department of Labor (DOL) or a lawyer. 

Under the FLSA, jobs are classified as exempt or non-exempt, which affects whether workers get overtime pay (1.5 times their regular rate for hours over 40 per week). Here's what these terms mean:

• Non-Exempt Jobs: These workers must get minimum wage and overtime pay. Most hourly workers, like retail clerks, factory workers, or servers, are non-exempt. If you're paid by the hour and your job involve routine tasks, you're likely non-exempt.
• Exempt Jobs: These workers get minimum wage but don't qualify for overtime pay. Exempt workers typically have higher-level duties or salaries and meet strict rules set by the FLSA. To be exempt a job usually needs to meet a salary test (at least $684 per week, or $35,568 per year, as of August 2025) and a duties test (specific job responsibilities).

Certain jobs are exempt from overtime rules (and sometimes minimum wage, in rare cases). Here are the main types:

• Executive Employees: Managers who supervise others, make big decisions about the business, and have authority to hire or fire. Example: A store manager who oversees staff and operations.
• Administrative Employees: Workers who do office or non-manual work related to business management, like HR specialists or budget analysts, and use independent judgment. Example: A company's financial planner making strategic decisions. 
• Professional Employees: Workers with advanced knowledge in fields like law, medicine, or engineering, often requiring degrees or certifications. Example: A doctor or a lawyer. 
• Creative Professionals: Workers whose main job involves invention, imagination, or talent in creative fields. Example: A graphic designer creating original artwork.
• Computer Employees: Skilled tech workers like software developers or network administrators, paid at least $27.63 per hour or $684 per week. Example: A programmer building company software.
• Outside Sales Employees: Workers who regularly sell products or services away from the employer's office and don't have a fixed workplace. Example: A traveling salesperson. 
• Highly Compensated Employees: Workers earning at least $107,432 per year (as of August 2025, including at least $684 per week on a salary basis) who perform some executive, administrative, or professional duties. Example: A high-earning corporate executive with minimal management tasks. 

Other specific exemptions exist, like for certain farm workers, seasonal amusement park staff, or commissioned retail salespeople, but these are less common. If a job doesn't meet both the salary and duties tests, it's usually non-exempt, meaning overtime applies. 

If you're unsure about your job's status, ask your employer for your classification or check with the DOL, as misclassification (treating non-exempt workers as exempt) is a common FLSA violation. 

To win a claim, you need to show specific facts for each type. Here's what matters most, explained simply:

• For Minimum Wage Claims:
  • You were paid less than $7.25 per hour (or your state's higher rate if it applies).
  • The low pay happened for actual work time. 
  • You're not in an exempt job (most hourly workers aren't exempt).
• For Overtime Claims: You worked more than 40 hours in a week (a week is any 7-day period set by the employer).
  • You didn't get 1.5 times your normal pay rate for those extra hours.
  • You're a "non-exempt" worker (meaning the overtime rules apply to you—exempt workers include some salaried pros like teachers or executives). 
• For Child Labor Claims: 
  • The child is under the allowed age for the job (e.g., under 14 for non-farm work).
  • The job is too hazardous or has too many hours (e.g., a 15-year old working late nights).
  • It wasn't a family farm or approved exception. 
• For Recordkeeping Claims: 
  • The employer didn't keep proper records of your hours, pay or other details for at least 3 years.
  • This led to pay problems or made it hard to check fairness.
• For Retaliation Claims:
  • You reported or helped with an FLSA issue (like complaining about wages).
  • The employer took negative action against you (e.g., firing or harassment).
  • The action was because of your complaint. 

You don't need to prove the employer meant to break the law unless you're seeking extra time to file or double damages. 

Filing a claim is straightforward, but getting help from a lawyer or the government can make it easier. Here's the typical process:

1. Gather Your Info: Collect pay stubs, time sheets, and notes on what happened. Talk to coworkers who saw the same issues.
2. File a Complaint with the DOL: Contact the Wage and Hour Division of the U.S. Department of Labor (free and now lawyer needed). You can call 1-866-4USWAGE, visit their website, or go to a local office. They'll investigate, talk to your employer, and try to fix it without a lawsuit. This is often the first step and can lead to quick payments.
3. Or, File a Lawsuit in Court: If the DOL doesn't help or you want to handle it yourself, sue in federal or state court. You can do this alone or with others in a group (called a "collective action" for similar workers). Hire a lawyer—many work on a "no win, no fee" basis. The court will review evidence and decide. 
4. Investigation and Settlement: The DOL or court might push for a deal where the employer pays without a full trial. If no deal, it goes to a hearing or trial.
5. Resolution: If you win, you get owed money, possibly extra, and the employer might have to change practices. Employers can't punish you for filing.

The whole process can take months to years, but DOL complaints are often faster.

Strong proof makes your case solid. Focus on records that show what happened. Examples include:

• Pay and Time Records: Pay stubs, timesheets, or clock-in logs showing hours worked and pay received. If the employer didn't keep good records, your own notes or app trackers can help. 
• Work Schedules: Emails, calendars, or coworker statements confirming extra hours or low pay. 
• Witness Statements: Signed notes from coworkers or supervisors who saw the issues, like confirming you worked overtime without extra pay.
• Company Policies: Handbooks or memos about pay rules that were ignored.
• Personal Records: Your own journal of hours, photos of work schedules, or bank statements showing low deposits.
• For Child Labor: Birth certificates, school records, or photos proving age and job dangers. 
• For Retaliation: Emails, texts, or notes showing complaints and the employer's response (e.g., a firing notice right after your report).

Keep everything organized and share copies (not originals) with the DOL or your lawyer. If records are missing, estimates based on memory or patterns can sometimes work, but solid documents are best.