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Fair Labor Standards Act

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The Fair Labor Standards Act (FLSA) provides minimum wage, overtime pay, recordkeeping, and child labor standards for certain full-time and part-time employees.

Employees of businesses in interstate commerce are generally covered by the FLSA, subject to exceptions for executive, administrative, and professional employees (including teachers), outside sales employees, and employees in certain computer-related occupations. Other exceptions include certain transportation industry workers, employees engaged in fishing operations, farmworkers and persons employed as care providers for the elderly or infirm and domestic workers.

The FLSA requires employers to keep records on wages, hours worked, and payments made. Overtime of at least one and one-half times the employee’s regular rate of pay must be paid for each hour worked in a workweek in excess of the maximum allowable (usually 40 hours).

The FLSA allows an employee to sue for back wages, an equal amount in liquidated damages, attorney’s fees and court costs.

Cohn Lifland’s attorneys are experienced in the FLSA and provide counsel to both employers and employees.

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