The Fair Labor Standards Act, Generally.  Generally, the Fair Labor Standards Act ("FLSA") sets a minimum wage, overtime pay, equal pay, recordkeeping and child labor standards for employees who are covered by the act and are not exempt from specific provisions,  The FLSA is a federal law, enacted by the United States Congress in 1938 and experiencing several amendments since that time, especially in 1966 and 1974. 

The FLSA was adopted in 1938 as a means of economic recovery from the Great Depression.  The act sought to ensure a maximum number of jobs which paid a minimum, livable wage.  By requiring overtime pay, the act created monetary penalties for employers who did no spreak their existing work among a greater number of employees; it provided an incentive to hire people rather than increase the hours worked by existing employees.

Exempt & Nonexempt FLSA Employees.  Under the FLSA, there is an important distinction between those employees who are covered by the act (non-exempt) and those who are not covered by the act (exempt).  In the City of Horton, only one employee is exempt from the provisions of the FLSA--the City Administrator--and all other employees fall under the protections of the act.  To be precise, those workers who are outside of the reach of the FLSA include (a) elected officials and their personal staff, (b) political appointees and legal advisors, (c) bona fide volunteers, (d) independent contractors, and (e) prisoners.  Other workers, while not exempt from the recordkeeping requirements of FLSA, are also exempt, including (a) executive, (b) administrative, and professional employees.  Finally, exemptions also exist for certain seasonal, recreational employees and others. 

While initially the provisions of the act only applied to private employers, the act was amended in 1966 and 1974 to apply to most government employees.  The 1974 amendments expanded state and local government employees.  While this provision was not fully enacted until 1985, due to several Supreme Court rulings regarding the authority of Congress to require states and political subdivisions of the state to comply with the provisions of the act, the act has been available to local government employees since the ruling of Garcia v. San Antonio Metro. Transit Auth., 469 U.S. 528 (1985). 

FLSA Minimum Wage Requirements.  The FLSA generally requires that state and local government employees, unless specifically exempt, receive a minimum wage of not less than $5.15 per hour.  The act does not require overtime or additional pay for (a) Saturdays, Sundays, or holidays by the virtue of those days, (b) pay for vacations, holidays, or severance pay, (c) discharge notices, (d) time off for holidays or vacations.

The specific test in determining whether an employee should be paid is the number of "hours worked." "Hours worked" is defined by the act as, broadly, the number of hours that an employee is "suffered or permitted to work," 29 U.S.C. §203(g), or the time during which an employee is "necessarily required to be on the employer's premises on duty or at a prescribed work place" for the employer.  29 C.F.R. §785.7.  

FLSA Overtime Pay Requirements.  Overtime Pay pay as defined by the act "provides 40 hours as the maximum number that an employee...may work for an employer in any workweek without receiving additional compensation at not less than the statutory rate for overtime."  29 C.F.R. 778.101.  For all hours worked over the statuatory maximum number of hours worked, the employer must compensate the employee for a rate not less than one and one-half hours times the regular rate. 29 C.F.R. §778.107. 

Further Questions Regarding the FLSA.  Any other questions regarding your rights under the FLSA may be directed to the United States Department of Labor, who is responsible for the administration of the act.  The Department of Labor is available on the web and the specific provisions of law are also available under the DOL's website.  You are encouraged to explore the website, which very likely provides the information you are seeking.  Any questions for the City of Horton regarding FLSA may be directed to cityofhorton@hortonkansas.net.