Fair Labor Standards Act of 1938

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.  The law provides recovery 2 years (in some cases 3 years) from the date the complaint is filed in Court.

“Suffer or permit to work”

If an employer requires or allows employees to work, the time spent is generally hours worked and employees are entitled to compensation.

All these activities may be compensable:

  • Traveling  to work (including walking to workstation)
  • Waiting for computers/machines to start up
  • Putting on and taking off personal protective equipment/sanitary items
  • Cleaning work area/tools
  • “On-Call”
  • Reworking
  • Waiting because machines are down
  • Working through breaks
  • Orientation Programs
  • Training
  • Apprentice Programs

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