The FLSA not the only thing employees get rights from

On Behalf of | May 16, 2016 | Employment Contracts |

The Fair Labor Standards Act touches on a range of different employment-related issues. There are a variety of requirements this federal law puts on employers, including requirements regarding recordkeeping, overtime and wages. Some of these requirements make it so employers are required to provide employees with certain things. For example, the FLSA generally requires employers to provide employees with overtime pay when they have them work overtime (unless the employee falls into one of the exempt categories).

However, there are also a variety of things that the FLSA doesn’t require employers to provide employees, including:

  • Rest breaks.
  • Meal breaks.
  • Sick pay.
  • Severance.
  • Fringe benefits.
  • Vacation time/pay.
  • Holiday time/pay.
  • Extra pay for working on holidays.
  • Extra pay for working on weekends.

Now, a given employment-related thing not having an FLSA requirement attached to it doesn’t automatically mean an employee has no rights regarding that thing. For example, they may have rights regarding the thing under a different federal law or the laws of the state they work in.

Also, employment laws are not the only thing an employee can derive rights regarding their employment from. What the terms of the employment agreement an employee has with their employer can have significant impacts on what rights they have in the employer-employee relationship. For example, a person’s employment contract may have terms granting them certain benefits or perks beyond what the law requires (like the above-mentioned benefits/perks that the FLSA doesn’t make required).

This is among the reasons why what terms a given worker’s employment contract has is such a big deal. Experienced attorneys can help workers with reviewing and negotiating employment contracts. They can also give guidance to workers who suspect their employer may be violating rights they have under the terms of their contract or under law.

Source: U.S. Department of Labor, “Fair Labor Standards Act Advisor – What does the Fair Labor Standards Act require?,” Accessed May 16, 2016

Source: U.S. Department of Labor, “Fair Labor Standards Act Advisor – What does the Fair Labor Standards Act NOT require?,” Accessed May 16, 2016


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