What does FLSA stand for on my paycheck?
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.
How do I know if I am covered by FLSA?
Employers Who Are Covered The FLSA applies only to employers whose annual sales total $500,000 or more or who are engaged in interstate commerce. You might think that this would restrict the FLSA to covering only employees in large companies, but, in reality, the law covers nearly all workplaces.
What are liquidated damages under FLSA?
Under the FLSA, liquidated damages are an amount equal to the pay employees should have received. In other words, employees can recover double “back pay” damages for unpaid overtime. Employers can only avoid double damages for unpaid overtime if they can show two things.
What does 29 CFR 1910 stand for?
To assist the employer in identifying which General Industry Standards apply to them, questions regarding the subparts and subsequent standards are provided to help the employer identify which are applicable to them.
Who does 29 CFR apply to?
The rules from the Department of Labor, including OSHA’s regulations, are found in Title 29 (Labor) of the CFR. The most commonly-encountered OSHA rules are those that apply to the “general industry,” or most workplaces in the United States, and these rules appear in Part 1910 of Title 29.
What is regular rate of pay under FLSA?
Most employees covered by the FLSA must be paid at least the federal minimum wage (currently $7.25 per hour) and overtime pay at least one and-one-half times their regular rate of pay for any hours they work beyond 40 in a workweek.
What is FLSA status?
An employee’s FLSA status is whether that employee is classified as exempt or nonexempt according to the Fair Labor Standards Act (FLSA). An employee who is nonexempt is entitled to receive overtime pay after they work a certain number of hours, while exempt employees are not eligible for overtime.
What businesses are covered by FLSA?
Generally, the FLSA applies to employees of enterprises that have an annual gross volume of sales made or business done totaling $500,000 or more, and to employees individually covered by the law because they are engaged in interstate commerce or in the production of goods for commerce.
What isn’t covered by FLSA?
Employees at businesses that have an annual revenue of less than $500,000 and who do not engage in interstate commerce[i] Railroad workers (covered instead by the Railway Labor Act) Truck drivers (covered instead by the Motor Carriers Act) Independent contractors and freelance workers (they’re not employees)[ii]
Are FLSA liquidated damages taxable?
Like interest payments, the IRS and courts treat liquidated damages as taxable income but not as wages.
What is a liquidated damages claim?
Liquidated damages are presented in certain legal contracts as an estimate of otherwise intangible or hard-to-define losses to one of the parties. It is a provision that allows for the payment of a specified sum should one of the parties be in breach of contract.
What does Section 215 of the FLSA mean?
Section 215 of Title 29, United States Code, lists the prohibited acts under the FLSA. Section 216 (a) of Title 29, United States Code, provides a criminal misdemeanor penalty for willful violations of 29 U.S.C. § 215.
When to pursue criminal sanctions under the FLSA?
Where an employer consistently violates a decree or consent judgment, or where the FLSA violations are sufficiently aggravated, criminal sanctions can be pursued under 18 U.S.C. § 401 or 29 U.S.C. § 216.
What are the penalties for violating Section 216?
U.S. Code § 216. Penalties. Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both.
When does the US Department of Labor release the FLSA final rule?
On June 21, 2021, the Department announced a rulemaking titled, “ Tip Regulations Under the Fair Labor Standards Act (FLSA); Dual Jobs, ” proposing to revise the portion of the 2020 Tip final rule addressing the application of the FLSA’s tip credit provision to tipped employees who perform both tipped and non-tipped duties.