Business  | Franchise | Employment | Litigation

The Fair Labor
Standards Act

Questions? Comments?

Let Us Know How We Can Help You

Contact Form Home

The Fair Labor Standards Act

Business Owners Need to Know About the FLSA

The Fair Labor Standards Act (FLSA) is a federal law which governs employer / employee relationships within the workplace. The FLSA is enforced by the Department of Labor (DOL); violations of the FLSA are taken very seriously, and so strict compliance with the FLSA is imperative. The FLSA applies to businesses in Florida, as well as every other state in the country.
If you are a business owner, and have any workers helping you in any capacity, you need to understand the provisions of the FLSA. There is a very good chance that you need to comply with the FLSA; and, even if you may not need to comply now (because you do not have any employees, as defined by the DOL), there is an excellent chance that you may need to comply at some point in the future.

The FLSA Protects Workers from Unfair Practices

The FLSA provides a number of specific benefits for employees. The purpose of all these benefits is to protect employees from unfair practices in the workplace. The FLSA is concerned with three primary things: (1) the enforcement of minimum wages, (2) the enforcement of overtime pay, and (3) limitations on child labor. Toward these aims, the FLSA lays out certain rules and standards. For instance, employers are required to acquire and maintain certain types of documents in order to establish compliance with the FLSA’s provisions on overtime pay.

As a business owner, you need to be familiar with the basic provisions of the FLSA, as well as the rules and standards which you are required to observe. It’s important to know that the FLSA is focused on protecting workers, it is not meant to place onerous burdens on employers. But, the FLSA does hold employers to certain standards, and these are things you need to be aware of.

The FLSA Does Not Cover Every Worker

The FLSA covers a large portion of the workforce in the State of Florida and throughout the country. But, it certainly does not cover every worker. The FLSA covers employees – as defined by the DOL – but it does not cover independent contractors, as well as certain types of employees which are specifically excluded. An example of an excluded worker would be a truck driver, because most truck drivers are already covered by another statute, the Motor Carriers Act. Knowing which workers are covered by the FLSA is a critical piece of information you need to have. The lawyers at the Trembly Law Firm can help you distinguish between covered and non-covered workers.

Basics of Exempt and Non-Exempt Employees

Two other classifications business owners need to be aware of are exempt and non-exempt employees. Exempt employees are covered by the FLSA, but they are not entitled to overtime pay. Non-exempt employees, on the other hand, are entitled to overtime pay. Understanding these classifications is very important, because you need to know whether a given worker is entitled to receive overtime pay. The Trembly Law Firm can help you understand how these classifications are made so that you can be fully compliant with the FLSA.

Florida Labor Standards Act Violations

The Fair Labor Standards Act (“FLSA”) is a federal law that affects employees in the private sector and in federal, state and local governments across the country. The FLSA establishes minimum wage, overtime pay, record keeping, and youth employment standards. One of the purposes behind the FLSA is to protect employees from employers taking unfair advantage over their employees. The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. Read more about The Fair Labor Standards Act (“FLSA”)

Contact a Top South Florida Law Firm Today

The FLSA is a key piece of federal law which regulates various aspects of the employer / employee relationship. The purpose of this law is to protect workers, which is laudable in itself. To comply with this law, however, employers need to do a bit of legwork. What’s more, there is always the possibility of someone filing a frivolous complaint against you and your company. Complying with the FLSA on your own is incredibly difficult, and not recommended. Reach out to the Trembly Law Firm today if you need assistance in this area.

Follow Us on Social Media

Frequently Asked Questions

South Florida Business Attorney Brett Trembly addresses commonly asked business law questions in his Video of the Month series.  If you have any questions for us, or if you need immediate legal assistance, please contact us today.

As seen on media

Stronger Business Begins with Stronger Contracts

Stronger Contracts

Download our free resource today for practical tips that will make your contracts even stronger. Specifically, we cover five clauses that MUST be present in each contract – which could save you a significant amount of money and time in the event of a legal dispute.

This report provides general tips and insights regarding business contracts. If you are looking for specific legal assistance for your business and/or its contracts, please contact us today!

Miami's Preeminent Business Firm

Legal Representation
Honoree Ribbon 2022 logo