Employment practices not covered by the FLSA

The Fair Labor Standards Act (FLSA) lays out regulations about minimum wage, overtime, record-keeping, youth employment standards and other time and attendance provisions.

However, employers should be aware that there are a number of practices not regulated by the FLSA. The legislation does not require employers to provide their workers with vacation, holiday, severance and sick pay, premium pay for employee attendance on weekends and holidays, discharge notices or a reason for discharge, immediate payment of final wages to terminated workers, W-2 forms or pay stubs and pay raises or fringe benefits.

Rather, these benefits must be agreed upon between the worker - or a representative - and the company, and often vary from employer to employer. Working at unseasonable times such as weekends or holidays does not automatically qualify a worker for an elevated pay rate. However, if the extra hours result in a nonexempt employee working more than 40 hours in one week, the FLSA requires overtime payment of at least time-and-a-half.