FAQs

Frequently Asked Questions about the FLSA

The IntelliQuick Overtime and Minimum Wage Lawsuit involves violations of the Fair Labor Standards Act (FLSA). Following are brief answers to some of the more common questions.

1. What is the Fair Labor Standards Act?

The FLSA sets minimum wage, overtime pay, recordkeeping and child labor standards. 

The Fair Labor Standards Act (FLSA) requires that covered non-exempt employees receive at least the minimum wage and at least one and one-half times their regular rates of pay for hours worked over 40 in a workweek. In general, “hours worked” includes all time an employee must be on duty, or on the employer’s premises or at any other prescribed place of work. Also included is any additional time the employee is allowed (i.e., suffered or permitted) to work.

2. Does the FLSA apply to me?

The FLSA applies to part-time and full-time employees. A worker qualifies as an employee based on the economic reality of the worker’s relationship with the employer, regardless of whether the employer labels the worker an independent contractor. The FLSA applies to employees in both the private and public sectors. It applies to any enterprise or company that has annual gross volume sales or business of at least $500,000 or that is engaged in interstate commerce. Therefore, it may apply to big and small businesses.

3. When is overtime due?

Overtime pay is required after 40 hours of work in a single workweek.

4. What is considered a workweek?

The FLSA defines a workweek as a period of 168 hours during seven consecutive 24-hour periods.

5. What is the overtime pay rate?

The overtime pay rate is one and one-half times the employee’s regular rate of pay. For example, if you earn $10 an hour, you should be paid $15 an hour for all hours worked over 40 hours in a week.

6. Is vacation pay, sick pay, and holiday pay computed?

The FLSA does not require pay for time off for vacation, sick or holiday leave.

7. Can IntelliQuick retaliate against me for joining this case?

Federal law protects workers who seek to assert their wage rights or assist other workers in bringing wage claims under the FLSA. Learn more at "Becoming a Plaintiff."


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