Skip to Main Content

For workplace safety and health, please call 800-321-6742; for mine safety and health, please call 800-746-1553; for Job Corps, please call 800-733-5627 and for Wage and Hour, please call 1-866-487-9243 (1 866-4-US-WAGE). This website is currently not being updated due to the suspension of Federal government services. The last update to the site was 10/1/2025. Updates to the site will start again when the Federal government resumes operations.

Fair Labor Standards Act Advisor

What does the Fair Labor Standards Act NOT require?

There are a number of employment practices which the Fair Labor Standards Act (FLSA) doesn’t regulate. For example, the FLSA does not require:

(1) vacation, holiday, severance, or sick pay;
(2) meal or rest periods, holidays off, or vacations;
(3) premium pay for weekend or holiday work;
(4) pay raises or fringe benefits;
(5) a discharge notice, reason for discharge, or immediate payment of final wages to terminated employees; and
(6) pay stubs or "W-2s".

The FLSA doesn’t provide wage payment or collection procedures for an employee's usual or promised wages or for commissions in excess of those required by the FLSA. Also, the FLSA doesn’t limit the number of hours in a day, or days in a week an employee may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old. However, some states do have laws covering some of these issues, such as meal or rest periods, or discharge notices.

The above matters, which are not covered by the FLSA, are generally for agreement between the employer and the employees or their authorized representatives.

Continue