The Fair Labor Standards Act of 1938 (FLSA) establishes federal minimum wage and overtime pay standards for most private employers. Enterprises having workers engaged in interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person, are covered by the FLSA. In practice, this includes most employers in the United States.

However, not all employees are entitled to minimum wage and overtime pay under the FLSA. The FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. For more information regarding the FLSA exempt employees and misclassification of employees, click here.