U.S. Department of Labor
Fair Labor Standards Act Advisor
Based on your answers, your employees are individually covered under the Fair Labor Standards Act (FLSA) only in the workweeks they are engaged in interstate commerce or in a job essential to interstate commerce.
Accordingly, you need to comply with the FLSA for this employee or category of employees during the covered workweeks.
Note that if grandfather coverage applies to your business, you must comply with the 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 in interstate commerce or in a job essential to interstate commerce. During workweeks when an employee is not individually covered (i.e., does not engage in interstate commerce or in a job essential to interstate commerce), payment of no less than $3.35 per hour would be required.
Your employees may also be individually covered during workweeks in which they 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 when they work in or about covered production establishments. You should explore all areas of potential individual coverage since each category is broad and includes many occupations. 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 the law's overtime pay provisions, both the minimum wage and overtime pay provisions, and/or child labor rules. To explore the broad categories of these exemptions or to obtain other information about the law, please select FLSA Advisor below.
If you have any questions about the application of the FLSA to your company/organization which are not answered by this Advisor, contact your local Wage and Hour District Office.
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