Wage and Hour Legal Help:FLSA, Minimum Wage, Overtime Exemptions, and Misclassification

$7.25 per hour since July 2009. Has not increased in over 15 years. State minimum wages now substantially higher in most states. Federal applies as floor; state higher minimums prevail.

1.5 times regular rate for hours worked over 40 per week. Applies to non-exempt employees. Does not apply to exempt employees (executive, administrative, professional, etc.). Different from state daily overtime requirements (California, Alaska, Nevada have daily overtime).

FLSA allows employer to pay tipped employees as low as $2.13 per hour cash wage with tip credit (combined cash + tips must reach minimum wage). Many states prohibit tip credit (California, Nevada, Washington, Alaska, Hawaii, Minnesota, Montana, Oregon).

Restrictions on hours, jobs, and timing for workers under 18. Specific rules for ages 14-15 (limited hours), 16-17 (some hazardous jobs prohibited), under 14 (limited employment). State laws often broader.

Employers required to keep records of hours worked, wages paid, and other employment information. Records typically must be maintained 3 years.

FLSA workweek is fixed 168-hour period, 7 consecutive 24-hour periods. Overtime calculation uses workweek. Cannot average hours across workweeks for overtime.

FLSA covers most employees. Enterprise coverage applies to businesses with $500K+ annual sales engaging in interstate commerce. Individual coverage applies to employees engaged in commerce or producing goods for commerce. Most employees covered.

Specific exemptions from minimum wage, overtime, or both: executive (white collar), administrative, professional, computer professional, outside sales, highly compensated employees. Each has specific tests.

Many states have minimum wages substantially higher than federal $7.25. Washington ($16.28), California ($16.50, $20 fast food), New York City/Westchester ($16), Massachusetts ($15), Connecticut ($15.69), Maryland ($15), New Jersey ($15.13), Colorado ($14.42), Oregon ($14.20), Maine ($14.15). Many local minimum wages even higher (Seattle $19.97, San Francisco $18.67).

California requires overtime at 1.5x for hours over 8 per day or 40 per week, double-time over 12 hours per day or 8 hours on 7th consecutive workday. Alaska, Nevada, and some other states have daily overtime variations. FLSA only requires weekly overtime over 40.

California requires 30-minute meal period after 5 hours plus 10-minute rest periods every 4 hours. Other states have meal period requirements (Massachusetts, Oregon, Washington, others). FLSA does not require meal or rest periods. State law violation produces 'premium wages' (1 hour wages per missed meal/rest period).

California, Massachusetts, and others require minimum pay when employees report for scheduled shifts but are sent home. FLSA does not require.

California has different (more employee-protective) exemption tests than FLSA. White collar exemptions in California require employee to spend more than 50% of time on exempt duties. Salary thresholds higher in some states (California $66,560 annually for executive/administrative/professional).

Many states require paid sick leave (California, New York, New Jersey, others). Federal law does not require paid sick leave. State and local sick leave laws complex.

All states require pay for hours actually worked. Boot-up time, donning and doffing, on-call work, travel time can all be compensable. Specific rules vary.

Many states prohibit tip credit. California, Nevada, Washington, Alaska, Hawaii, Minnesota, Montana, Oregon require full minimum wage plus tips. Tip pooling rules vary substantially.

Boot-up time, login time, equipment preparation, putting on protective gear, security screening before clock-in. If integral and indispensable to principal work, compensable. Continuous workday rule.

Equipment cleanup, security screening after clock-out, paperwork. If integral and indispensable, compensable.

Bona fide meal periods (typically 30+ minutes uninterrupted) generally not compensable under FLSA. Interrupted or shortened meal periods compensable. State laws may require pay for missed or interrupted meals.

Compensable if employee unable to use time effectively for own purposes (must remain on premises, must respond quickly, restrictions on activities). Not compensable when employee is free to engage in personal pursuits.

Travel during workday compensable. Travel between work sites compensable. Commuting from home to work generally not compensable. Special rules for travel away from home overnight.

Voluntary training outside work hours not compensable. Required training compensable. Job-specific training generally compensable.

Work-related communications outside work hours can be compensable. State laws on 'right to disconnect' developing.

Employer required to record actual hours worked. When employer fails to record, employee testimony plus reasonable inference can establish hours. Anderson v. Mt. Clemens Pottery Co. (1946).

Time spent putting on and taking off protective equipment. Compensable when integral and indispensable. IBP, Inc. v. Alvarez (2005). Specific industries (food processing, healthcare) often have substantial donning/doffing time.

Records of wages paid. Show base rate, hours, deductions. Pay stubs required by most states with specific information.

Records of hours worked. Employer required to keep accurate records. When employer records inadequate, employee testimony plus reasonable inference can establish hours.

Posted schedules, shift records, scheduling apps. Establishes scheduled hours.

Off-the-clock work documentation. Time-stamped communications during non-work hours.

Establishes nature of work performed. Important for exemption analysis (does primary duty meet exemption requirements).

Salary, hourly, commission. Particularly important for exemption analysis.

Contracts establishing classification. Can be evidence but not determinative; actual relationship controls.

Treatment of similarly situated employees. Particularly for exemption analysis (do similarly classified employees actually perform exempt duties).

Emails, texts, manager directives establishing what work was expected. Important for off-the-clock claims.

Co-workers who can testify about actual hours worked, off-the-clock work patterns, exemption analysis.

Industry practices for similar positions. Particularly for exemption and tip pool analysis.