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elaws - employment laws assistance for workers and small businesses

- Fair Labor Standards Act Advisor

The Fair Labor Standards Act probably does not apply to you or cover you on an enterprise basis. However, you may be individually covered by the FLSA if your own duties meet certain requirements.

Click on Continue at the bottom of this page to enter the Individual Coverage section of the Advisor.

You should be aware, however, that you may be covered on an enterprise basis if the grandfather coverage provisions of the FLSA's 1989 ammendments apply to your employer. When the law was changed in 1990, the definition of a covered enterprise changed. Enterprises that were covered by the FLSA's 1989 Amendments on March 31, 1990 continue to be subject to the recordkeeping, overtime pay and the child labor requirements, and the $3.35 per hour minimum wage requirement ($3.35 was the minimum wage in effect on 3/31/90). This is called grandfather coverage. Included in grandfather coverage are construction/reconstruction enterprises and laundry/dry cleaning enterprises. Certain other enterprises with less than $500,000 in annual sales or receipts are also covered under the grandfather coverage provisions.

If you are certain grandfather coverage applies and you are not concerned about the FLSA minimum wage requirement (because your rate of pay is already at or above the Federal minimum wage), you may want to return to the FLSA Advisor to obtain more information about the law. Otherwise, please select Continue to determine if you are individually covered by the law.

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