Fair Labor Standards Act Advisor

Enterprise Coverage - Federal, State or Local Government Agency (Public Agencies)

This category of enterprise, in most cases, is easy to identify. The FLSA defines "public agency" to mean the Government of the United States;  the government of a state or political subdivision of any state; any agency of the United States (including the United States Postal Service and Postal Rate Commission), a state, or a political subdivision of a state; or any interstate governmental agency. In general, the term "political subdivision" includes counties, townships, cities, towns, villages, school districts, drainage districts, etc.

Any community action agency, which is an entity of a state, a political subdivision of a state, or a combination of public agencies, is clearly a public agency covered by the FLSA. However, a private, non-profit community action agency does not become a public agency for FLSA coverage purposes simply because it provides services under contract with a state or political subdivision of a state. This does not, of course, preclude coverage of such private community action agency under another provision of the FLSA. (Note that a private community action agency does not become a public agency merely because it receives and disburses Federal funds.)

The FLSA also excludes from the definition of employee certain elected officials and their appointees and employees employed by legislative branches or bodies of states, their political subdivisions or interstate governmental agencies who are not subject to civil service laws of their agency.

Does your company/organization meet the definition of a Federal, state or local government agency?

• Yes
• No or I don't know