Fair Labor Standards Act Advisor

Based on your answers, you are not engaged on a regular and recurring basis in interstate commerce. Since coverage under the Fair Labor Standards Act (FLSA) is determined on a workweek by workweek basis, you are covered under the FLSA on this basis only in the workweeks you are engaged in interstate commerce.

However, there are several other ways to be covered by the FLSA. You may be covered during workweeks in which you are engaged in the production of goods for interstate commerce, meet the definition of a domestic employee, or work on a covered construction job. Young workers may also be covered by the child labor provisions of the FLSA when they work in or about covered production establishments. You should also be aware that, in certain instances, we find that employees are jointly employed by more than one employer.

Remember that some employees are exempt from various provisions of the law. To explore the broad categories of these exemptions or to obtain further information about the FLSA, click on the underlined text. To learn more about employees under the FLSA, click on the underlined text.

For more information, please contact your local Wage and Hour District Office.

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