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Wage and Hour Law
Unpaid Overtime Law
Service Technician Overtime
Cable Installers Overtime
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2726 S. Brentwood Blvd. St. Louis MO 63144

Unpaid Wage and Overtime Law Firm

Fair Labor and Standards Act (Minimum Wage and Hour Act)

The Law Offices of Kevin J. Dolley, located in St. Louis, Missouri provides legal counseling in FLSA litigation in cases involving unpaid overtime and wages. The below provides some basic information on in the FLSA. If you have further questions regarding possible FLSA litigation, please contact attorney Kevin J. Dolley directly at 314.645.4100 or by email at kevin@dolleylaw.com.

Q. What is the Fair Labor Standards Act (FLSA)?

A. The FLSA primarily governs overtime, minimum wages, and child labor in the public and private sectors.

Q. What is the primary purpose of the FLSA?

A. The Supreme Court has declared that the primary purpose of the FLSA is to eliminate substandard labor conditions throughout the nation. It has helped employees achieve proper and adequate working conditions. In addition, it helped reputable employers compete with their counterparts who, before the FLSA, engaged in sweatshop-type conditions.

Q. Who is covered under the FLSA?

A. Employees can be covered under the FLSA in two ways:

  • Enterprise Coverage
  • The FLSA covers those employees who work for companies or organizations having two or more employees and doing at least $500,000 a year in business, or hospitals, businesses providing medical or nursing care for residents, schools and preschools, and government agencies.
  • Individual Coverage
  • The FLSA covers employees if their work involves interstate commerce. Interstate commerce means trade, commerce, transportation, transmission, or communication between states. Examples of this can include, but are not limited to: regularly making telephone calls to persons located in other states, traveling to other states for their jobs, or producing goods to be shipped out of state.
  • Domestic service employees are also covered under the FLSA.

Q. What constitutes overtime under the FLSA?

A. Overtime is any time worked over forty (40) hours in a workweek. Any time worked over forty (40) hours must be compensated at a rate not less one-and-one-half times the regular rate of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless time worked on those days goes over forty (40) hours in the work week.

Q. What employees are exempt from minimum wage and overtime under the FLSA?

A. Any employee:

  • employed in a bona fide executive, administrative, or professional capacity (this includes any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools)
  • employed in the capacity of outside salesman.
  • employed by an amusement or recreational establishment, organized camp, or religious, or non-profit educational conference center if:
  • it does not operate for more than seven (7) months in any calendar year or
  • during the preceding calendar year, its average receipts for any six (6) months of such year were not more than thirty-three and one-third (33.3) per centum of its average receipts for the other six (6) months of such year.
  • employed in the catching, taking, propagating, harvesting, cultivating, or farming of any kind of fish, shellfish, crustacea, sponges, seaweeds, or other aquatic forms of animal and vegetable life, or in the first processing, canning or packing such marine products at sea as an incident to, or in conjunction with, such fishing operations, including the going to and returning from work and loading and unloading when performed by any such employee.
  • employed in agriculture (A) if such employee is employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than five hundred man-days of agricultural labor, (B) if such employee is the parent, spouse, child, or other member of his employer's immediate family, (C) if such employee (i) is employed as a hand harvest laborer and is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (ii) commutes daily from his permanent residence to the farm on which he is so employed, and (iii) has been employed in agriculture less than thirteen weeks during the preceding calendar year, (D) if such employee (other than an employee described in clause (C) of this subsection) (i) is sixteen years of age or under and is employed as a hand harvest laborer, is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (ii) is employed on the same farm as his parent or person standing in the place of his parent, and (iii) is paid at the same piece rate as employees over age sixteen are paid on the same farm, or (E) if such employee is principally engaged in the range production of livestock.
  • employed in connection with the publication of any weekly, semi-weekly, or daily newspaper with a circulation of less than four thousand the major part of which circulation is within the county where published or counties contiguous thereto;
  • that is a switchboard operator employed by an independently owned public telephone company which has not more than seven hundred and fifty stations
  • employed as a seaman on a vessel other than an American vessel
  • employed on a casual basis in domestic service employment to provide babysitting services or any employee employed in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves
  • that is a criminal investigator who is paid availability pay
  • who is a computer systems analyst, computer programmer, software engineer, or other similarly skilled worker, whose primary duty is
  • (A)the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system functional specifications;
  • (B)the design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;
  • (C)the design, documentation, testing, creation, or modification of computer programs related to machine operating systems; or
  • (D) a combination of duties described in subparagraphs (A), (B), (C) and the performance of which requires the same level of skills, and
  • who, in the case of an employee who is compensated on an hourly basis, is compensated at a rate of not less than $27.63 an hour.

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The Law Offices of Kevin J. Dolley represents clients in labor law, employment law and employment discrimination matters throughout the State of Missouri, including St. Louis, St. Louis County, St. Charles County, Boone County, Jefferson County, Lincoln County, Jackson County, Phelps County, Franklin County, Ste. Genevieve, St. Clair and the Cities of St. Louis, Kansas City, St. Charles, O'Fallon, Lake St. Louis, Hillsboro, Troy, Clayton, Rolla, Columbia, Jefferson City, Kirksville, Farmington, Cuba, Augusta, Union, Maryland Heights, Cape Girardeau and Springfield.

Law Offices of Kevin J. Dolley, LLC - Missouri Employment Lawyer
Located at 2726 South Brentwood Blvd. St. Louis, MO 63144. View Map
Phone: (314) 684-8180 | Local Phone: (314) 645-4100.
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