Federal Labor Standards Act (FLSA) Overtime Security Advisor
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To help workers and employers understand their rights and responsibilities under the Regulations, Part 541, the Department has developed this FLSA Overtime Security Advisor. DOL recently updated these regulations which became effective August 23, 2004.
The Overtime Security Advisor is intended to help workers and employers identify: Those workers who are entitled to the minimum wage and overtime pay protections of the FLSA; and Those who, by law, are not subject to the FLSA's minimum wage and overtime pay requirements. Nothing in the FLSA or the Department's Regulations prevent an employer from paying a worker at or above the minimum wage or overtime pay even if the worker is not, by law, subject to the minimum wage or overtime pay requirements.
The Overtime Security Advisor is intended to provide only general guidance. Actual application must be made on a case-by-case basis. The Labor Department - which has set new records for aggressive Wage and Hour enforcement - now has strong new standards in place to better protect workers' pay.
As an employer, if
you have additional questions to ensure that your
workers are properly classified, please call 1-866-4USWAGE. As a
worker, if you feel you are improperly being denied overtime, please go
to www.dol.gov/fairpay where you can learn more about your FLSA rights
and be directed on how to file a complaint with the Department of
Labor, or if you have questions call 1-866-4USWAGE.