Fair Labor Standards Act (FLSA) Guide

The Federal Law That Sets the Baseline Know Your Core Rights

The Fair Labor Standards Act, or FLSA, might not be something most workers talk about every day, but it shapes your paycheck more than you think. It’s the federal rulebook that says, “Here’s the bare minimum every U.S. worker should get paid and protected for.” That includes minimum wage, overtime pay, recordkeeping, and even child labor laws.

But just because the FLSA is basic doesn’t mean it’s weak. It’s your starting point, and if your employer violates it, they’ve crossed a legal line. At Horn Wright, LLP, our employment law attorneys know how to use the FLSA to hold employers accountable and, in many cases, help you recover unpaid wages and more.

What the FLSA Covers and Who It Protects

The Fair Labor Standards Act applies to a wide range of workers across the country, but not everyone is covered. If your job involves interstate commerce, and most do, even indirectly, the FLSA applies. That includes restaurant workers, delivery drivers, retail staff, healthcare employees, hospitality workers, and so many others.

Here’s what the FLSA covers:

• Minimum wage: As of now, the federal minimum wage is $7.25 per hour. New York’s wage laws are higher, but FLSA still provides the floor nationwide.
• Overtime pay: For non-exempt employees, any time over 40 hours per week must be paid at 1.5 times the regular rate.
• Recordkeeping: Employers must track your hours and wages correctly — and keep those records available for inspection.
• Child labor restrictions: The FLSA limits the hours minors can work and the types of jobs they can hold.

The law’s protections apply mainly to hourly workers, though some salaried workers are covered depending on their duties and earnings. If you’re unsure, that’s a red flag worth digging into, especially if you’re regularly working overtime without extra pay.

How FLSA Rules Interact with New York State Law

New York has its own labor laws that often go further than the federal FLSA. When both apply, the rule that provides more protection to the worker usually wins out. This means if New York says you deserve more, whether it’s a higher wage or more rights, that’s the rule that applies.

For example, under New York Labor Law §652, minimum wage is currently much higher than the FLSA’s federal standard. New York also allows for “spread of hours” pay in some cases under 12 NYCRR §142-2.4, which doesn’t exist under federal law.

So what happens if your employer is violating both? You can file under either, or both. State and federal claims can often be pursued at the same time, which increases pressure on your employer and the potential damages you might recover.

When FLSA Is Used Instead of or Alongside State Law

Sometimes, state agencies are too overwhelmed or limited in what they can enforce. In those situations, using the FLSA through the U.S. Department of Labor’s Wage and Hour Division or through federal court can be the stronger option. This is especially true if:

• You worked across state lines or for a national employer.
• The violations involve systemic wage practices.
• You’re seeking a collective action — similar to a class action under FLSA §216(b).

Federal courts also tend to move faster than some state investigations. And under the FLSA, you can recover liquidated damages equal to the amount you were underpaid, plus attorney’s fees. There’s a two-year statute of limitations, extended to three for willful violations under FLSA §255(a).

It’s not a matter of picking one over the other. It’s about building a strategy that uses both tools if they serve your case.

What to Do If Your Employer Violates the FLSA

If your employer fails to pay overtime, misclassifies your job, or doesn’t track your hours properly, they’re likely violating the FLSA. These aren't small mistakes, they’re federal labor violations.

Your first step? Start tracking your hours and saving your pay records. Even notes in your phone or screenshots of schedules can help.

Then, consider these options:

• File a complaint with the U.S. Department of Labor’s Wage and Hour Division. They’ll investigate on your behalf and may recover back pay.
• Consult an employment attorney who can help you file a civil action under the FLSA. Lawsuits often move faster and allow you to seek more damages.
• Talk to coworkers who may be experiencing the same problem. The FLSA supports collective claims, so you're stronger together.

It’s okay if you don’t know every law. What matters is knowing something feels off — and taking that seriously.

Timekeeping, Overtime, and Minimum Wage Protections Under the Act

The FLSA requires employers to keep detailed and accurate records of your work hours. This isn’t optional, it’s spelled out under 29 CFR Part 516. If they don’t track your hours or try to blame you for missing information, they’re in violation.

For overtime, FLSA §207(a) makes it clear: if you're a non-exempt employee and work more than 40 hours in a week, you're owed time and a half. No exceptions for salaried workers unless they meet specific exemptions under §213(a)(1).

As for minimum wage, it might seem low, but it's still enforceable. If your employer pays less than $7.25 an hour in base pay (excluding valid tips or commissions), they’re violating federal law.

And when records are missing or inaccurate? Courts will often accept your version of events, especially if your employer had the legal duty to keep proper timekeeping logs and failed.

How Long You Have to File a Federal Claim

You generally have two years to file a claim under the FLSA, but that jumps to three years if the violation was “willful.” Willfulness means your employer knew they were breaking the law, or acted with reckless disregard. It’s more common than you’d think.

This timeline is laid out under FLSA §255(a) and is strictly enforced. That means waiting too long, even by a few weeks, could cost you your right to recover back pay or damages.

If you think your rights were violated over a year ago, don’t wait. Reach out to legal counsel and figure out whether your timeline is still open. Many cases that seem “too old” are still actionable, especially in group or collective actions.

How New York’s Worker Protections Go Beyond the FLSA Compared to Maine

While the FLSA sets a nationwide standard, states like New York build on that foundation to offer more worker protections. Compared to Maine, New York’s laws are stronger in several key areas.

For instance:

• New York Labor Law §198(1-a) allows for 100% liquidated damages, even for non-willful violations, while Maine follows the FLSA structure more closely.
• New York mandates wage notices and detailed pay stubs under §195, while Maine has less specific requirements.
• In New York, employees have six years to file a wage claim, compared to two or three years under both the FLSA and Maine law.

If you’ve worked in both states or across state lines, these differences could affect where and how you file a claim. In general, New York gives you more time, more rights, and more enforcement options.

Can You Bring a Joint FLSA and New York State Claim

Yes, and it’s often the smartest approach. Many wage and hour lawsuits filed in New York use both FLSA claims and New York Labor Law claims. This approach lets you tap into the broader remedies available under state law while benefiting from the structured process of a federal claim.

The FLSA allows for collective actions, while New York allows for class actions under CPLR Article 9. That means you could potentially file both as a joint suit, depending on your situation.

Filing both doesn’t complicate things, it strengthens your position. If one claim gets limited, the other can still move forward. It’s about using every tool available to get justice.

How Horn Wright, LLP, Can Help You Assert Your Federal and State Rights

You work hard. Your paycheck should reflect that. If your employer’s been bending the rules, whether under federal or New York law, Horn Wright, LLP, is ready to step in. Our local employment law attorneys handled wage and hour cases at both the state and federal levels, and we know how to push for full recovery.

Whether it’s missing overtime, vague pay records, or illegal classifications, we’ll dig deep and build a case around your real-world experience. And because we’re recognized for our commitment to protecting workers, you’ll have confidence knowing your case is in strong hands.