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.
The full text of this document is available to Executive subscribers and above. See plans.