Fair Labor Standards Act
The Federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the Fair Labor Standards Act are overseen by the Wage and Hour Division (WHD) of the U.S. Department of Labor. WHD also administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to Federal contracts for construction and for the provision of goods and services.
The federal law commonly known for minimum wage, overtime pay, child labor, recordkeeping, and special minimum wage standards applicable to most private and public employees is the Fair Labor Standards Act (FLSA).
The FLSA provides the U.S. Department of Labor with civil and criminal remedies, and also includes provisions for individual employees to file private lawsuits. The 1989 Amendments to FLSA added a provision for civil money penalties (CMP) for repeated or willful minimum wage or overtime violations.
The FLSA does require that employers keep accurate records of hours worked and wages paid to employees. Fact Sheet #21: Recordkeeping Requirements under the Fair Labor Standards Act (FLSA) provides a summary of the FLSA’s record keeping regulations..
For employees who work on contracts with the Federal government, The Davis-Bacon and Related Acts cover workers on Federal construction contracts, and on construction contracts with State and local governments that are Federally financed or assisted, in whole or in part. Workers on Federal service contracts are covered by McNamara-O’Hara Service Contract Act (SCA) , and workers on Federal supply contracts are covered by Walsh-Healey Public Contracts Act (PCA).
FLSA provides the agency with civil and criminal remedies, and also includes provisions for individual employees to file private lawsuits. The 1989 Amendments to FLSA added a provision for civil money penalties (CMP) for repeated or willful minimum wage or overtime violations.
If receive you notice that you are being investigated by the Department of Labor concerning these matters, we recommend you contact a Labor and Employment lawyer.
You may also find useful information on these posts; Overtime Regulations, Employment Discrimination, Sexual Abuse, Texas Employment and Non Compete Agreements, and EEOC Charge of Discrimination, Defending and Resolving.
Board Certified Labor and Employment Lawyer
East Texas Attorney, Michelle Jones is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization and has over 27 years experience helping employers. If you are an employer in need of a Labor and Employment Lawyer, please do not hesitate to call Michelle at 903-236-4990 or toll-free at 888-236-4878.