Q&A: The Fair Labor Standards Act - Employee Rights Center

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WAGES, PAY AND BENEFITS

When are pay raises required?

Pay raises are generally a matter of agreement between an employer and employee (or the employee's representative). Pay raises to amounts above the Federal minimum wage are not required by the FLSA.

Is extra pay required for weekend or night work?

Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work. However, the FLSA does require that covered, nonexempt workers be paid not less than time and one-half the employee's regular rate for time worked over 40 hours in a workweek.

How are vacation pay, sick pay, holiday pay computed and when are they due?

The FLSA does not require payment for time not worked, such as vacations, sick leave or holidays (Federal or otherwise). These benefits are matters of agreement between an employer and an employee (or the employee's representative).

How is severance calculated and when is it due?

The FLSA requires payment of at least the minimum wage for all hours worked in a workweek and time and one-half an employee's regular rate for time worked over 40 hours in a workweek. There is no requirement in the FLSA for severance pay. Severance pay is a matter of agreement between an employer and an employee (or the employee's representative).

The Pension and Welfare Benefits Administration (PWBA) may be able to assist an employee who did not receive severance pay required in his or her employment contract.

When must breaks and meal periods be given?

The FLSA does not require breaks or meal periods be given to workers. Some

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