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Subjects › Legal › Fair Labor Standards Act
Reviewed 12/2011

Fair Labor Standards Act

Contents

Introduction

The Fair Labor Standards Act, which is generally known by its acronym FLSA, is a federal law which sets minimum wage, overtime pay, equal pay, recordkeeping and child labor standards for employers who are covered by the Act. It was originally enacted in 1938 during the Depression and applied only to private sector employees. However, the provisions of the FLSA have been extended and now generally apply to public sector employers, although some specific employees of cities and towns still may be exempt from some of the provisions of the Act.

MRSC probably receives the most questions concerning the FLSA in the area of overtime pay requirements for employees. The FLSA does not attempt to limit the number of hours that an employee can be required to work, either daily or weekly. It simply requires that overtime pay must be paid at a rate of not less than one and one-half times the nonexempt employees regular rate of pay for each hour worked in excess of the maximum number of hours applicable to the type of employment in which the employee is engaged. This usually means overtime pay for work in excess of 40 hours per week but not always since some employees, such as police and fire, may have a different limit, while in some cases compensatory time may be granted instead of overtime pay. Also, some employees, such as those working in professional, administrative or executive positions may be exempt entirely for purposes of the FLSA's overtime requirements.

It is important to remember that cities in Washington State must also comply with the state Minimum Wage Act, which is codified in Ch. 49.46 RCW. Many of the provisions of the state law and the federal FLSA are identical but there are some differences. When there is a difference, the city must comply with the most liberal law when viewed from the perspective of the employee. If the state law provides greater benefits than the FLSA, then the city must comply with state law. If the FLSA is more generous for the employee, then the city must comply with the FLSA.

It is not possible to summarize all of the requirements, exemptions, and exceptions of the FLSA in a short summary. The information below explains in greater detail the requirements of the FLSA and what cities must do to comply with its requirements.

Legal References

Statutes

  • Fair Labor Standards Act 29 U.S.C. Ch. 8 - These are the federal statutes that comprise the FLSA.
  • Ch. 49.46 RCW - The Washington State Minimum Wage Act

Court Decisions

  • Christensen v. Harris County, 68 U.S.L.W. 4343 (2000) - Supreme Court allows public employers to require use of compensatory time

    The Supreme Court, in a decision issued May 1, 2000, determined that a public employer may require its employees to use their accumulated compensatory time, allowing the employer to avoid the potential adverse fiscal consequences of large leave balances. In reaching its decision the Court in Christensen v. Harris County, 68 U.S.L.W. 4343 (2000) rejected the argument raised by employees that a forced use was only possible if agreed to by the parties.

    29 U.S.C. § 207(o)(5) requires employers to allow the usage of compensatory time "within a reasonable period after making the request," provided the employer's operations are not unduly disrupted. The Court reasoned that this language was a restriction on the employer's ability to limit the use of the time, not a limit on the employer's ability to require employees to take the time off. In reaching its 6-3 decision, the Court noted that, under the Fair Labor Standards Act, an employer can reduce the number of hours an employee works and may also "cash out" compensatory leave balances through payment. Harris County's policy of requiring the use of the leave balances, the Court concluded, merely did both allowable steps at once.
  • Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985) - This is the decision which basically held that state and local governments must fully comply with the FLSA's minimum wage and overtime rules.
  • Washington State Department of Labor and Industries v. Common Carriers, Inc., 111 Wn.2d 586 (1988) - The Washington State Supreme Court held that employers would be required to comply with whichever law, state or federal, is more liberal when viewed from the employee's perspective.
  • Abshire v. County of Kern, 908 F.2d 483 (9th Circuit, 1990) - A case in which the exempt status of public employees was challenged if the employer docked for absences of less than a day, such as medical appointments. In response to this case, a new federal regulation was adopted in 1992, the public employer proviso, in 29 C.F.R. Sec. 541.5d, to retain the exempt status of public employees even if the employer docks for time off for less than full-day absences.

Administrative Regulations

  • Regulations for "White Collar Employees" for FLSA Purposes
  • 29 C.F.R. Ch. 541 - Labor
  • Fair Labor Standards Act Regulations Title 29 C.F.R. - These are the federal administrative regulations issued by the U.S. Department of Labor that accompany the FLSA.
  • Ch. 296-128 WAC - Minimum Wages - These are the state regulations relating to minimum wage requirements.

Other Legal References

Documents

Additional References