Project Description


The Fair Labor Standards Act defines the 40-hour workweek and establishes the minimum wage, overtime wage requirements, and child labor standards. FLSA measures eligible employees by work tasks performed daily, number of hours worked, and the employer.

If you think your rights under this law have been violated, contact us.

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(412) 626-5626
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(215) 618-9185
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What Does FLSA Do?

The Fair Labor Standards Act standardized salary and overtime requirements of the American employee. Moreover, FLSA states which employees are eligible for FLSA coverage based on salary and employment tasks.

FLSA ensures that employees receive overtime wages when he or she works over the 40-hour workweek. Unfortunately, inflation and misclassification of employees muddied the requirements for FLSA. Court cases illuminated these issues, prompting President Obama to implement the new overtime wage laws at the beginning of 2016.

Who Enforces FLSA?

The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) enforces FLSA, particularly with private employers, state and local government employers, and federal employers. However, the U.S. Office of Personnel Management ensures that FLSA is followed by the other executive branch employees. The U.S. Congress protects employees of the legislative branch under the Fair Labor Standards Act.

Am I eligible for overtime under the new overtime laws?


How Has FLSA Adapted To Present Day?

The Fair Labor Standards Act burst onto the employment scene in 1938, promising to develop and protect the rights of American workers. Over time, as industries shifted and employment altered, additional amendments to the original act continue to provide security and justice for job-holders. Most recently, President Obama raised the threshold for overtime eligibility.

The bullet points below share how FLSA better provides for Americans today.

  • standards for offering compensatory time off work
  • providence for federal and state employees
  • protection for educational institutions and hospitals
  • equal pay despite gender for work using equal expertise, production, and responsibility
  • requirements for overtime wages

If you are eligible under this law for overtime pay and you aren’t receiving it, you can sue your employer for not paying your overtime.

Who Is Eligible For Overtime Under The Fair Labor Standards Act?

Ideally, FLSA provides for all employees under its overtime provision; however, an employee and the employer must meet certain criteria. Pennsylvania Overtime Compensation Lawyers specialize in this complex and detailed act and can offer expert and friendly advice if you have questions.

Overtime compensation is time and a half (1.5) pay for hours worked over 40 hours in a single workweek. However, overtime compensation is only offered to eligible employees. According to FLSA, employees fill out a Time and Attendance Record for overtime wages.

Quick and Dirty: Eligible Employees

Two quick tests reveal an employee’s eligibility for FLSA overtime protection.

Salary Test:

Based on numbers, the salary test is pass or fail. See the below bullet points to see if your salary passes or fails you for FLSA eligibility. If you pass this test, next up is the responsibility test.

  • FLSA-eligible: paid less than $47,476 per year or $913 per week.
  • Not eligible: earn more than $134,004 per year.

Responsibility Test:

Much more investigative, the responsibility test scrutinizes employee tasks. Often times, the employee’s title is ignored during this test since the actual work that an employee does is more important than the job title. The responsibility test asks what type of work an employee does day-in and day-out.

If you participate in any of the below areas in your work, you are not eligible for FLSA overtime.

  • Executive work duties
  • Professional job capacity
  • Administrative work
  • Other sales work

Since the responsibility test can be more difficult to judge on your own, reach out to a lawyer who knows the intricacies of the responsibility test. He or she will be able to help you know if you are eligible for overtime under FLSA.

The Test Results

I Passed The FLSA-Eligibility Tests.

Congratulations! You are entitled, by FLSA, to time and a half of your regular pay for every hour worked over a 40-hour workweek. Compensation can be in overtime wages or compensatory time off work.

I Failed The FLSA-Eligibility Tests.

Although this means you aren’t covered by FLSA for overtime wages, you’re still protected by other employment laws. If you suspect that your employer is in violation of the law in some way, contact us.



If you have worked overtime without compensation and you are eligible for FLSA coverage, contact a lawyer who will know how to navigate your case and your rights under the law.

Don’t hesitate, talk to an attorney: (412) 626-5626 or lawyer@lawkm.com

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