FLSA misconceptions: what the act does not regulate or require
While the Fair Labor Standards Act lays out requirements for a broad range of employment-related issues, there are some items it doesn't cover, according to the U.S. Department of Labor.
The FLSA does not enforce a requirement for any sort of paid time off, including vacation or holiday pay and compensated sick leave. While some employers do offer employees time for paid leave, they are not required to do so. Similarly, meal breaks and rest periods are not required. But if given, they are regulated by the Department of Labor.
The only form of additional pay required by the FLSA is overtime, provided to non-exempt employees who work more than 40 hours in one standard seven-day period. Extra pay for working on weekends, nights or holidays can be provided by companies but is not obligated.
Raises based on merit, seniority or any other metric do not fall under the FLSA's purview. There are no pay raise requirements beyond an employer complying with the prevailing minimum wage law.
Understanding the law helps employers and employees know what to expect and what is required of them. Using time and attendance software helps businesses keep track of hours worked and amounts of regular and overtime pay, which are both required in the FLSA.
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