U.S. Labor Law & Fair Labor Standards Act (FLSA) Guide 2026

Under 29 U.S.C. § 207, non-exempt employees must receive overtime pay for all hours worked over 40 in a single workweek at a rate not less than one and one-half times (1.5×) their regular rate of pay.

Non-exempt employees generally receive the FLSA minimum-wage and overtime protections. Employees qualifying for an exemption must satisfy the applicable salary and duties requirements, or another specific statutory exemption. For the executive, administrative, and professional exemptions, the current federal standard salary level is generally $684 per week ($35,568 annually), together with the applicable duties test; certain occupations, including bona fide teachers, doctors, lawyers, and outside sales employees, are subject to different rules. Certain computer employees may qualify under a salary basis or an hourly rate of at least $27.63 per hour.

FLSA protections can apply to H-1B, L-1, and other foreign workers in the United States regardless of citizenship or immigration status when the employee and employment are covered by the Act. Separately, H-1B employers must comply with the H-1B Labor Condition Application requirements and generally pay the higher of the required prevailing wage or the employer's actual wage for similarly employed workers. The H-1B required-wage obligation is separate from the FLSA minimum-wage and overtime rules.

An employee may contact the U.S. Department of Labor's Wage and Hour Division about suspected FLSA violations or, where permitted, bring a private action under 29 U.S.C. § 216(b). Available remedies can include unpaid minimum wages or overtime, an equal amount as liquidated damages in appropriate cases, and reasonable attorney's fees and costs. Liquidated damages are not guaranteed in every case because the statute provides a good-faith defense under certain circumstances.

The FLSA restricts the hours and occupations in which workers under 16 may be employed, while workers under 18 generally may not perform occupations declared hazardous by the Department of Labor. There are important age, school-hour, agricultural, and other statutory exceptions. Current federal civil monetary penalties for child-labor violations can reach $16,035 per violation, with substantially higher maximum penalties when a violation causes the death or serious injury of a minor.