Guide · Labor and Employment

Wage and Hour Law Under the FLSA: A Comprehensive Guide

29 U.S.C. § 216(b)

Type
Guide
Jurisdiction
National
Date
2023-09-05
Topic
Labor and Employment

The Fair Labor Standards Act is a short Depression-era statute that generates more employment litigation than any other federal employment law, and this UpLaw guide maps the whole machine. It walks through enterprise and individual coverage and the extraordinarily broad "suffer or permit to work" definition of employment; the federal minimum wage and the tip credit; the forty-hour overtime rule and the regular rate that must absorb nondiscretionary bonuses, shift differentials, and commissions; and the white-collar exemptions with their salary-basis, salary-level, and duties tests, including what Helix Energy Solutions Group v. Hewitt actually held about day rates. It then covers compensable time after the Portal-to-Portal Act and Integrity Staffing v. Busk, meal and rest breaks, recordkeeping and the Mt. Clemens burden-shifting rule, independent-contractor misclassification under the economic-reality test, joint employment, and the remedies that make these cases dangerous: unpaid wages, an automatic equal amount of liquidated damages, a third year for willfulness, mandatory fee-shifting, and the opt-in collective action under Section 216(b). A running hypothetical about Cardinal Provisions, a regional restaurant and warehouse operator that calls its assistant managers exempt, carries the doctrine from the timeclock to the damages spreadsheet. Because state law is often far stricter than the FLSA and is never preempted by it, the guide closes with the state overlay that drives most of the real exposure.

Wage and Hour Law Under the FLSA: A Comprehensive Guide

Labor and Employment > Wage and Hour | Published 5 September 2023 - Updated 14 April 2025 | UpLaw - uplaw.us

The Fair Labor Standards Act asks two simple questions — did you pay at least the minimum wage, and did you pay time and a half after forty hours — and then makes them nearly impossible to answer. This guide is the map: coverage, the regular rate, the exemptions, compensable time, misclassification, and the remedies that turn a bookkeeping error into a seven-figure collective action.

Keywords: Fair Labor Standards Act, FLSA, minimum wage, overtime, regular rate, white-collar exemptions, salary basis test, duties test, Helix Energy v. Hewitt, Portal-to-Portal Act, compensable time, tip credit, misclassification, economic reality test, joint employment, liquidated damages, FLSA collective action

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