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Fair Labor Standards Act Advisor

Am I Covered by the Fair Labor Standards Act (FLSA)?

The Fair Labor Standards Act (FLSA) "covers," or applies to, all employees of certain enterprises. All employees of an enterprise, as defined by the FLSA, are covered regardless of the duties they perform. If a worker is not an employee of one of these enterprises, he or she may still be covered if his or her duties meet certain interstate commerce requirements.

Do you work for any of the following enterprises?

  • A Federal, state, or local government agency
  • A hospital, or an institution primarily engaged in the care of the sick, the aged, or the mentally ill or mentally retarded who live on the premises (it does not matter if the hospital or institution is public or private or is operated for profit or not-for-profit)
  • A pre-school; elementary or secondary school or institution of higher learning (e.g., college); or a school for mentally or physically handicapped or gifted children (it does not matter if the school or institution is public or private or operated for profit or not-for-profit)
  • A company/organization with annual dollar volume of sales or receipts in the amount of $500,000 or more