Wage and Hour Answer Book, 2025 Edition

1. Overview of the Fair Labor Standards Act and Amendments

· Overview of Wage and Hour Law

· Coverage

· Administration

· Minimum Wage Rates

· Overtime Pay

· Record Keeping

· Posting

· Child Labor

· Enforcement

2. Determining Coverage Under the Fair Labor Standards Act

· Covered Employees

· Employer-Employee Relationship

· Joint Employment Relationship

3. Minimum Wage Issues

· Overview of Minimum Wage Issues

· Tip Credits

· Deductions from Wages

· State Minimum Wage

4.White-Collar Exempt Employees

· Overview of White-Collar Exemptions

· Executive Exemption

· Administrative Exemption

· Professional Exemption

· Computer Employee Exemption

· Public Sector Employees Who Are Executives, Administrators, or Professionals

· Outside Salesperson Exemption

· General Concepts

5. Other Exemptions from Minimum Wage and Overtime Pay

· Overview of Exemptions from Minimum Wage and Overtime Pay

· Employees Exempt from the Minimum Wage and Overtime Pay

· Employees Partially Exempt from the Minimum Wage

· Employees Entirely Exempt from Overtime Pay

· Employees Partially Exempt from Overtime Pay

· Exempt Minors

· Recordkeeping for Exempt Employees

6. Computation of Hours Worked

· Hours Worked Defined

· The Portal-to-Portal Act

· Incidental Activities

· Rest Periods and Meal Periods

· Training Time

· Medical Issues

· Volunteer Work

· Sleeping Time

· Waiting Time or On-Call Time

· Travel Time

· Special Public Employee Issues

7. Overtime Pay

· Basic Overtime Obligation

· The Workweek

· The Regular Rate

· The Regular Rate Exclusions

· Effect of Bonuses, Job Rate, Day Rate, Piece Rate, Commissions, or Fluctuating Workweek Salary on Calculating the Regular Rate

· Use of Two or More Wage Rates

· Effect of Premium Pay on the Regular Rate

· Basic Rate as an Alternative to Weekly Calculation of the Regular Rate

· Trading Hours of Work

· Compensatory Time Off

· Belo Contracts

· Special Overtime Exemptions

· Collective Bargaining and Overtime

· Miscellaneous

· State Law

8. Employer's Recordkeeping Obligations

· Overview of an Employer's Record-Keeping Obligations

· General Information Required

· Recording Time Worked

· Specific Information Required Under the FLSA

· Time for Maintaining Records

9. Child Labor Restrictions Under the FLSA

· Overview of Federal Child Labor Restrictions

· Employers Subject to Federal Child Labor Laws

· Minimum Ages for Employment and Restrictions on Hours of Work

· Interns, Career Exploration Programs, and Work-Study Programs

· Age Certificates

· Hazardous Duties Outside of Agriculture

· Hazardous Duties in Agriculture

· Child Regulations Relating to Public Contractors

· Penalties

10. Alternatives for FLSA Compliance

· Strategies for Attaining FLSA Compliance

· Compliance Alternatives

· White-Collar Exemptions

· Reduced Hourly Wage Rate

11. Unique Wage and Hour Issues for Government Contractors

· Overview of the Laws Governing Government Contractor Wages

· Walsh-Healey Public Contracts Act

· McNamara-O’Hara Service Contract Act

· Davis-Bacon Act

· Contract Work Hours and Safety Standards Act

· Copeland Anti-Kickback Act

12. Investigations by the Wage and Hour Division

· Overview of Wage and Hour Division Enforcement

· The Complaint

· The Investigation

13. Litigation, Penalties, and Remedies Under the FLSA

· General Litigation Issues

· Jurisdiction Issues

· Arbitration versus Litigation Issues

· Back Pay

· Liquidated Damages

· Limitations on Liability

· Attorneys’ Fees

· Civil Money Penalties

· Injunctive Relief

· Criminal Penalties

· Special Litigation Issues Under the FLSA

· Hot-Goods Injunctions

14. Affirmative Defenses to Claims Under the FLSA and Related Laws

· Affirmative Defenses

· Statute of Limitations

· Good-Faith Reliance Defense

· Good-Faith Defense to Liquidated Damages

15. Migrant and Seasonal Agricultural Worker Protection Act

· Overview of the MSPA

· Employer Obligations

· FLC Registration

· Common Mistakes

· Miscellaneous Additional Provisions

· Enforcement and Remedies

APPENDIX A: General Information

APPENDIX B: Fair Labor Standards Act & the Portal-to-Portal Act

APPENDIX C: White-Collar Regulations