Fair Labor Standards Act Advisor

Since you indicate that your company/organization was among the enterprises covered by the grandfather provisions of the law, you probably have to comply with the Fair Labor Standards Act.

Enterprises that were covered by the FLSA on March 31, 1990 continue to be subject to the recordkeeping, overtime pay, child labor provisions, and the minimum wage requirement of $3.35 per hour ($3.35 is the minimum wage that was in effect on 3/31/90). Once your company/organization meets the $500,000 annual dollar volume threshold, you will be subject to the current Federal minimum wage in addition to the recordkeeping, overtime pay and child labor provisions.

Remember that some employees are exempt from the law's overtime pay provision, both the minimum wage and overtime pay provisions, and/or child labor provisions. For information on the broad categories of exemptions, click here.

Also remember that the FLSA applies to employees and not all Federal laws share common definitions of employee. To determine if your workers are employees, click on the underlined text.

If you are certain grandfather coverage applies and you are not concerned about the grandfather minimum wage requirement of $3.35 per hour (because you already pay at or above the current minimum wage), you may want to learn about other provisions of the FLSA from the FLSA Advisor. To insure that you are not required to pay the Federal minimum wage, you should explore the individual coverage of this Advisor.

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

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