FLSA Frequently Asked Questions

FREQUENTLY ASKED QUESTIONS

What is the minimum wage?

The Federal minimum wage under the Fair Labor Standards Act (FLSA) is $7.25 per hour. For employees who regularly receive tips, the tips must still total $7.25 per hour for the work week.

When is overtime pay due?

The Fair Labor Standards Act (FLSA) requires overtime pay (one and one-half times an employee’s regular rate of pay) after 40 hours of work in a workweek. Some exceptions to the 40 hours per week standard apply for managers, professionals, and police officers or firefighters.

Is extra pay required for weekend or night work?

Extra pay for working weekends or nights is not required under The Fair Labor Standards Act (FLSA) unless it results in the employee working more than 40 hours in a workweek. Then, the employee is entitled to overtime pay.

Are pay stubs required?

The Fair Labor Standards Act (FLSA) requires employers to keep accurate records of hours worked and wages paid. However, the FLSA does not require an employer to provide pay stubs.

How many hours per day or per week can an employee work?

The Fair Labor Standards Act (FLSA) only limits the number of hours that people under the age of 16 can be required to work.

Can my employer refuse to pay me overtime if I was required to sign fake timecards?
Employers often tell employees that they cannot be paid for more than 8 hours per day. The United States Court of Appeals for the Eleventh Circuit recently held that an employer who required an employee to sign falsified timecards was still liable for unpaid overtime in Bailey v. TitleMax of Georgia, Inc., 776 F. 3d 797 (11th Cir. 2015).

How much severance pay should I get?

There is no requirement for severance pay under The Fair Labor Standards Act (FLSA). requires payment of at least the Federal minimum wage for all hours worked in a workweek and time and one-half an employee’s regular rate for time worked over 40 hours in a workweek. There is no requirement in the FLSA for severance pay.

Can I sue my employer for not giving me meal breaks?
The Fair Labor Standards Act (FLSA) does not require breaks or meal periods. However, if your employer is requiring you to work through meals and not paying you for that time, the employer is likely violating the FLSA.

Does my employer have to pay me minimum wage?

Current minimum wage under federal law is $7.25 per hour. While some employers may not be subject to the federal minimum wage, most employers have to pay $7.25 per hour. If the employer does not pay at least minimum wage, they could be fined, ordered to pay back wages, damages, and legal fees. Most jobs are subject to the federal minimum wage.
There is a separate minimum wage for tipped employees, such as servers. Tipped employees must still make $7.25 per hour, including tips. If an employee’s tips are less than $7.25 per hour for the week, the employer will have to make up the difference. An employer also has to pay at least 2.35 per hour, and can only use tips to make up the difference between $2.35 per hour and $7.25.

Employers often fail to pay minimum wage by requiring employees to work more than 40 hours, or by not paying employees at all. If your employer is not paying you minimum wage, call an experienced attorney at Millar & Mixon, LLC. The attorneys at Millar & Mixon LLC have won more than $60 million in verdicts and settlements.