What laws govern wages and hours in my workplace?

The major federal law governing wages and hours is called the Fair Labor Standards Act (FLSA -- 29 U.S.C. §§ 201 and following). It regulates how much workers must be paid, how many hours they can be required to work, and the special rules that apply to younger workers. The law includes provisions on:

• minimum wage
• hours worked
• overtime, and
• child labor.

The FLSA applies to most employers, including the federal government, state and local governments, schools, and virtually all private employers.

In addition, your state probably has its own wage and hour law that covers the same basic topics. Many state laws give workers more rights than the federal law, so it's always a good idea to become familiar with your state's rules. For example, many states have a higher minimum wage than the federal law. Your employer must follow whichever law is most beneficial to you.

How can I tell if I am entitled to overtime pay?

The first thing you must check is whether your employer is covered by the FLSA and/or your state's wage and hour law. Because the coverage of these laws is so broad, you can be pretty safe in assuming that your employer must comply with them.

The next step is to see whether you are considered an "exempt" or a "non-exempt" employee under these laws. If you are exempt, then you are not entitled to overtime pay; if you are non-exempt, then you are entitled to overtime pay.

If you routinely exercise discretion, supervise other employees, and/or make high-level decisions, you are probably an exempt employee who is not entitled to overtime pay. To be one of these "administrative, executive, or professional" employees exempt from overtime under the law, you must be paid on a salary basis (at least $455 per week) and spend most of your time performing duties that require you to use your own discretion and independent judgment.

In addition, if you are one of the following types of professionals, you probably are not entitled to overtime pay:

• independent contractors
• volunteer workers
• outside salespeople (that is, employees who customarily and regularly work away from the employer's business, selling or taking orders to sell goods and services)
• certain computer specialists (such as systems analysts, programmers, and software engineers) who earn at least $27.63 per hour
• employees of seasonal amusement or recreational businesses, such as ski resorts or county fairs
• employees of organized camps or religious or nonprofit educational conference centers that operate for fewer than seven months a year
• employees of certain small newspapers
• newspaper deliverers
• workers engaged in fishing operations
• seamen
• employees who work on small farms
• certain switchboard operators
• criminal investigators, and
• casual domestic baby sitters and people who provide companionship to those who are unable to care for themselves (but this exception does not include those who provide nursing care or to personal and home care aides who perform a variety of domestic services).

If you do not supervise others or make important decisions for your company, and if you do not fit into one of the professions described above, then you are probably entitled to overtime pay if you work more than 40 hours in a week or, in some states, more than eight hours in a day.

More Information About Wages, Overtime, and Time Off In August 2004, the federal Department of Labor substantially revised the rules that determine who is entitled to overtime. Many of the changes were to the administrative, executive, and professional exemptions. Also, the minimum weekly salary was raised substantially to its present level of $455. To find out more about these changes and about other laws related to wages, hours, and time off, visit the Department of Labor's website, at http://www.dol.gov.