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Learn About Labor Laws | Wages and Hours

The US government Wages and Hours division has set certain minimum guidelines for the payment and treatment of employees. These guidelines are enforceable by federal law.

The most important of these guidelines is the federal Fair Labor Standards Act (FLSA), which sets minimum wage, overtime pay, child employment rules, and recordkeeping for employees.

Does the FLSA apply to you?

The FLSA applies if an "employer-employee relationship" has been established.

An "employer-employee relationship" is generally thought to have been established If the employer determines the type of work performed by the employee and the way it is performed, as well as the hours the employee is to perform it. See FLSA guidelines to determine whether your employees qualify under the rule.

Minimum wage: workers covered by FLSA are entitled to a minimum wage of $5.85 an hour (effective July 24, 2007). This wage is liable to change over time.

Overtime Pay: workers covered by the FLSA are entitled to be paid 1 1/2 times their regular rate for any hours worked in excess of 40 hours of work in a workweek.

A workweek is defined as a period of seven consecutive days of 24 hours each. In computing overtime pay, the employer may not average hours over two or more workweeks. For example, if your employee works 56 hours the first week and only 24 hours the second week, he or she is still entitled to 16 hours of overtime pay for the first week. The law does not require overtime payment for work performed over 8 hours in a day, only over 40 hours.

! Overtime pay is known commonly as "time-and-a-half".

! The overtime requirement may not be waived by agreement between the employer and employee.

For more info on wages and hours call toll-free 1-866-4USWAGE (en espanol o ingles) or call the Miami number of the Division of Wages and Hours district branch at 305-596-9874 ext. 8771 (en espanol o ingles).

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