U.S. Department of Labor
Fair Labor Standards Act Advisor
Based on your answers, your employees are not engaged on a regular and recurring basis in the production of goods for interstate commerce or in jobs that are closely related and directly essential to such production.
Since coverage under the Fair Labor Standards Act (FLSA) is determined on a workweek by workweek basis, your employees are covered under the FLSA on this basis only in the workweeks they are engaged in interstate commerce.
However, there are several other ways to be covered by the FLSA. Your employees may be covered during workweeks in which they are engaged in 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.
Note that if grandfather coverage applies to your business, you must comply with the recordkeeping, overtime pay and child labor provisions in all workweeks. Payment of no less than the Federal minimum wage would be required for employees during workweeks in which they engage the production of goods for interstate commerce or in a job which is closely related and directly essential to such production. During workweeks when an employee is not individually covered, payment of no less than $3.35 per hour would be required.
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 if your workers are employees, click here.
For more information, please contact your local Wage & Hour District Office.
