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2726 S. Brentwood Blvd. St. Louis MO 63144

Understanding the Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act ("FLSA") is a federal law which establishes requirements for minimum wage, overtime pay, recordkeeping, pay, and other standards affecting full-time and part-time workers in the private sector and in federal, state, and local government. Many states, including Missouri, have analogous state laws that either incorporate the same requirements or impose additional ones.

The Law Offices of Kevin J. Dolley provides legal counseling and representation in FLSA litigation across the country. The FAQ below provides some additional basic information on the FLSA. If you have any questions regarding possible representation in FLSA litigation, please contact our Firm at 314-645-4100 or by email at admin@dolleylaw.com.

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, producing goods to be shipped out of state, or working in buildings where goods are produced for shipment out of state.

Domestic service employees are also normally covered under the FLSA.

Q. What constitutes overtime under the FLSA?

A. Overtime is any time worked over forty (40) hours in a workweek by a non-exempt employee. 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 goes over forty (40) hours in the work week.

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

A. Section 213 of the FLSA and its accompanying regulations (see, e.g.,29 C.F.R. Part 541) generally describe several different categories of workers that are exempt from the FLSA's minimum wage and overtime requirements. These categories include, or have been interpreted to include, any employee:

employed in a bona fide executive, administrative, or professional capacity who is compensated on a salary or fee basis (as defined in FLSA regulations);

employed in outside sales on a regular basis away from the employer's place of business;

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 1/3) 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;

who 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;

who 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), and (C) 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.

For more information on exemptions, visit our Exemption page.

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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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