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What is The FLSA (Fair Labor Standards Act)?

what is the flsa

What is the FLSA? This is a question we are often asked by workers in Ohio – particularly new hires who are eager to learn about their rights and the protections offered by state and federal laws. In this article, we take a detailed look at the FLSA and its key provisions.

What is the FLSA?

The Fair Labor Standards Act (FLSA) is a federal law that was enacted by the Roosevelt administration in 1938 to protect the rights of full-time and part-time workers who are employed in the private sector as well as local, state, and federal governmental agencies.

The FLSA was enacted in the aftermath of the Great Depression, during which a vast majority of workers – adults as well as children – were forced to work unreasonably long hours and take significant wage cuts. The FLSA aimed to abolish child labor, standardize work hours for all employees covered under the law, and ensure that employees are paid for overtime work.

Key Provisions of the FLSA

Minimum Wage – $7.25 per hour

Work Week – 40 hours per week

Overtime Pay – If an employee is asked by their employer to work for more than 40 hours in any given workweek, they must be paid overtime pay, which must be at least one and a half times their regular pay.

For instance, if you are asked to work for 45 hours in a workweek, your employer must pay you for 7.5 hours of work (5 hours x 1.5) – in addition to the regular pay. It should be, however, noted that certain employees are not covered under the FLSA.

What is the FLSA Exempt vs. Non-Exempt Distinction?

Exempt Employees

The FLSA’s provisions regarding minimum wage and overtime pay are not applicable for employees who meet the following criteria.

  • Highly-paid employees who receive an annual salary of $107,432 or more
  • Salespersons who work away from the employer’s place
  • Computer employees
  • Learned professionals and creative professionals
  • Administrative employees
  • Executives

In order to be exempt from the provisions of the FLSA, an employee must be paid a minimum of $684 per week. Otherwise, they will be considered non-exempt employees, irrespective of their job title and responsibilities.

Non-Exempt Employees

Most employees who do not meet the aforementioned criteria are considered non-exempt employees and are covered under the FLSA.

It is important to note that the FLSA is not the only law that protects your rights as a worker in Ohio. You enjoy several rights and protections under Ohio wage law as well.

Key Provisions of Ohio’s Labor Lawswhat is the flsa

Minimum Wage – $8.80 per hour

Work Week – 40 hours per week

Overtime Pay – One and a half times your regular pay for every hour worked over the 40-hour limit.

Since the minimum wage under Ohio wage law is higher than the federal minimum wage, your employer is required to pay the state minimum wage, which is $8.70 per hour.

Is Your Employer Violating Ohio Wage Law or FLSA? Let Us Know!

Employers in Ohio are required to comply with Ohio labor laws as well as the FLSA, wherever applicable. If they violate these laws and refuse to pay you what you deserve, the wage and hour lawyers at Scott & Winters Law Firm can help you. To find out how our Ohio wage attorneys can help, call us today at 216-912-2221 or write to us online to set up a free consultation.

Categories: Ohio Wage Law

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