Here are 10 myths (+one bonus myth) widely believed by many employers. However, according to the FLSA (Fair Labor Standards Act), NONE of the following myths are true!
Myth #1—Employees must be paid overtime for more than 8 hours a day or for weekend work or holiday work.
Fact: For covered, nonexempt employees, the FLSA requires overtime pay at a rate of not less than one and one-half times an employee’s regular rate of pay after 40 hours of work in a workweek. Some states do have such laws. There are some exceptions to the 40 hours per week standard: employees of hospitals, nursing homes, police officers, and firefighters.
Myth #2—An employer can’t change an employee’s scheduled hours of work without giving notice.
Fact: The FLSA has no provisions regarding the scheduling of employees and may change an employee’s work hours without giving prior notice or obtaining the employee’s consent.
Myth #3—There is a limit on how many hours a person can work.
Fact: The FLSA does not limit the number of hours per day or per week that employees aged 16 years and older can be required to work.
Myth #4—Part-Timers are not covered by FLSA.
Fact: The FLSA does not define full-time employment or part-time employment. This is a matter generally to be determined by the employer. Whether an employee is considered full-time or part-time does not change the application of the FLSA.
Myth #5—Employees get extra pay for working nights and weekends.
Fact: The FLSA does not require extra pay for weekend or night work. The only FLSA extra pay requirement is that covered, nonexempt workers be paid not less than time and one-half the employee’s regular rate for time worked over 40 hours in a workweek.
Myth #6—Employers are required to offer minimum vacation and holiday pay.
Fact: The FLSA does not require payment for time not actually worked, so periods of time such as vacations, sick leave, or holidays (Federal or otherwise) do not have to be paid.
Myth #7—Employees are due a severance payment at termination.
Fact: There is no requirement in the FLSA for severance pay.
Myth #8—All employees get morning and afternoon breaks and a minimum of 30 minutes for lunch.
Fact: The FLSA does not require breaks or meal periods for workers. Some states do have requirements for breaks or meal periods. However, if you do give your employee breaks of 5 to 20 minutes, the time must be counted as hours worked and therefore paid time. Furthermore, all employers covered by the FLSA must comply with the Act’s break time for nursing mothers provision. Effective March 23, 2010, employers are required under the FLSA to provide unpaid break time and space for nursing mothers to express breast milk for one year after the child’s birth.
Myth #9—Employees are due an annual pay increase.
Fact: The only pay raise required by the FLSA is to raise pay up to the Federal minimum wage.
Myth #10—Employees are due periodic performance evaluations.
Fact: The FLSA does not require performance evaluations.
Myth #11—Double time is due for holiday work.
Fact: The FLSA has no requirement for double-time pay.
Reference: The Dirty Dozen Widely-Believed Myths of Wage/Hour, HR Daily; SHRM.org
