Fair Labor Standards Act Advisor
Alert: The Wage and Hour Division is providing information on common issues employers and workers face when responding to COVID-19, including the effects on wages and hours worked under the Fair Labor Standards Act and job-protected leave under the Family and Medical Leave Act.
The Fair Labor Standards Act (FLSA) Coverage and Employment Status Advisor will tell you whom the FLSA protects. Only individuals employed in circumstances covered by – and not specifically exempt from – the FLSA are protected. You may want to explore exemptions after going through this section of the Advisor.
The FLSA applies to employment within any state of the United States, the District of Columbia or any territory or possession of the United States. An employee working in a foreign country is not protected by the FLSA even though the employer has its main office in the United States.
If you have questions that aren’t answered by the Advisor, a link to a list of Wage and Hour District offices can be found at the end of each section. Before using this Advisor, you may want to review a brief explanation of what the FLSA requires and what the FLSA does NOT require.
The FLSA Coverage and Employment Status Advisor is one of a series of elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors developed by the U.S. Department of Labor to help employers and employees understand their rights and responsibilities under Federal employment laws. To view the entire list of elaws Advisors, please visit the elaws website. To learn more about the Labor Department’s efforts to promote and achieve compliance with labor standards in place to protect and enhance the welfare of the nation's workforce, visit the Wage and Hour Division website.