Fair Labor Standards Act

Fair Labor Standards Act

Fair Labor Standards Act

The FLSA requires overtime at one and one-half times the regular rate for hours over forty, subject to exemptions for executive, administrative, professional, outside sales, and computer employees.

Liquidated damages double the unpaid wages absent good faith.

Alternative Names:

FLSA, Wage and Hour Act

Why it Matters?

Liquidated damages doubling the award, plus fee shifting and a two or three year lookback, make wage and hour exposure substantially larger than the unpaid wages alone. Exemption misclassification is the recurring claim, and the duties test governs rather than the job title or salary basis alone. Recordkeeping failures also shift the burden, since an employer without accurate time records cannot effectively dispute the employee's reconstruction.

Frequently asked questions

Why is FLSA exposure larger than the unpaid wages?

Why is FLSA exposure larger than the unpaid wages?

Because liquidated damages double the award, fee shifting applies, and the lookback extends two or three years.

What governs exemption status?

What governs exemption status?

The duties actually performed rather than job title or salary alone, which is why misclassification claims succeed.