Understanding More About The FLSA
Last updated on February 6, 2025
Wherever your company is based, understanding and adhering to U.S. labor laws is crucial for your U.S. operations. One key law on this front is the Fair Labor Standards Act. At Williams LLP, our attorneys help local and international businesses navigate FLSA compliance, audits and disputes. Our main office is in New York, with additional offices in London and Monrovia. With extensive knowledge of employment law, business law and international law, we are here to be the trusted advisers you need when it comes to FLSA issues.
What Is The FLSA?
The Fair Labor Standards Act is a federal law that provides wage and hour protections to U.S. workers. It puts various requirements on employers, including rules related to:
- Minimum wage: It currently sets the federal minimum wage at $7.25 an hour.
- Overtime: Under this law, generally, employees have to pay workers time and a half wages for any time worked over 40 hours in a workweek.
- Recordkeeping: Employers must maintain accurate records of hours worked and wages paid.
Our attorneys can help you understand your business’s obligations under this law and develop plans for maintaining compliance with them.
Who Is An Employer Under The FLSA?
The FLSA defines “employer” broadly, covering individuals, partnerships, corporations and nearly any form of business entity that has employees.
Common FLSA Violations
Failing to comply with FLSA rules can lead to serious consequences. Common violations include:
- Failure to pay required overtime wages
- Paying a worker under the minimum wage
- Misclassifying nonexempt employees as exempt
- Misclassifying an employee as an independent contractor
- Inadequate recordkeeping
Our FLSA lawyers can help your company seek to resolve disputes involving such alleged violations through arbitration or other means.
Employee Vs. Independent Contractor
Generally, FLSA protections only apply to employees, not independent contractors. However, employers cannot simply classify workers as independent contractors to bypass compliance. Proper classification is determined by a variety of factors, such as the degree of control over the work. Misclassifying workers can expose your business to penalties. Our team can provide your business with knowledgeable guidance on ensuring proper worker classification.
Key FLSA Exemptions
Certain positions and industries are exempt from some of the standard FLSA protections. For example, executive, administrative and professional roles are generally exempt from both the minimum wage and overtime requirements. Applying an exemption to an employee requires careful consideration of whether the position in question actually meets the requirements of being exempt. Our attorneys can answer your exemption questions.
Guiding You On FLSA Audits
An FLSA audit is when the U.S. Department of Labor reviews your company’s wage and hour practices to see if they comply with the applicable legal requirements and employee rights. The results of such a review can have significant impacts on your company. So, careful preparation and response can be critical when you discover your business will be audited. We can assist your company with every step.
Protect Your Company With Trusted FLSA Support
Turn to our team for legal solutions tailored to your business’s unique FLSA needs. Set up a confidential consultation with one of our attorneys today by calling 917-730-2454 or sending an email.