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Q&A: The Fair Labor Standards Act


Is extra pay required for weekend or night work?

Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The Fair Labor Standards Act (FLSA) does not require extra pay for weekend or night work. However, the FLSA does require that covered, nonexempt workers be paid not less than time and one-half the employee's regular rate for time worked over 40 hours in a workweek.

RECORDKEEPING AND NOTICES


Are pay stubs required?

The Fair Labor Standards Act (FLSA) does require that employers keep accurate records of hours worked and wages paid to employees. However, the FLSA does not require an employer to provide employees pay stubs.

What notices must be given before an employee is terminated or laid off?

The Fair Labor Standards Act (FLSA) has no requirements for notice to an employee prior to termination or lay-off. In certain cases, employers must give the workers advanced notice of mass layoffs or plant closure. The Warn Act provides specific information on advance notice, employer responsibility and workers rights during mass layoffs or plant closure.

Some states may have requirements for employee notification prior to termination or lay-off.

Source: U.S. Department of Labor


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