What is the Los Angeles Fair Labor Standards Act (FLSA)?

Fair Labor Standards Act (FLSA) Violations in Los Angeles

The Fair Labor Standards Act (FLSA) is a federal law that provides rights for workers throughout the country. The FLSA establishes a federal minimum wage, overtime pay rate, recordkeeping requirements, and child labor protections. In addition to the FLSA, states may enact additional laws that provide further protections for workers. Employees across Los Angeles rely on wage protections to support their families, yet far too many employers cut corners, falsify time records, or misclassify employees to avoid paying what they are legally required to. The federal Fair Labor Standards Act sets nationwide rules for minimum wage, overtime, recordkeeping, and child labor. But in California, where worker protections are significantly stronger, the gap between what workers are entitled to and what employers actually provide can be significant.

At LNN, our employment lawyers are dedicated to protecting the rights of employees throughout Los Angeles. When an employer violates state or federal law, they must be held accountable. Our legal team has obtained millions of dollars in verdicts and settlements on behalf of our clients and will work tirelessly to get you the justice you deserve. 

Did your employer violate the Fair Labor Standards Act? Contact our office at (213) 232-4848 for a free consultation. 

Do All Employers Have to Adhere to the FLSA?

The Fair Labor Standards Act (FLSA) affects nearly all private and public employers. It applies to companies that have total annual sales of over $500,000 or those that engage in interstate commerce. Because the term has been broadly defined, the vast majority of employers in the United States engage in interstate commerce.

There are limited exceptions; however, it is important to consult with an employment lawyer if you suspect that your employer is violating the FLSA or other laws designed to protect workers. An employer in Los Angeles may be misclassifying employees as independent contractors or “exempt” when they should be afforded these protections.

California’s broader worker-protection framework also matters here. California’s wage and hour rules apply to nearly every employer doing business in the state, regardless of size or whether the business engages in interstate commerce. This expanded reach means that even companies too small to be covered under federal standards may still violate state law if they fail to follow California’s stronger wage requirements.

Because California’s rules are stricter, our lawyers often find violations even when the employer claims FLSA exemptions. State law fills gaps left by the federal statute, especially in industries like hospitality, home care, retail, and construction, where misclassification is common.

Who is Covered by the FLSA?

Most employees in Los Angeles and throughout California are covered by the FLSA; however, some employees may be exempt from specific standards of the act, including the minimum wage, overtime, or child labor aspects of the law. The court will often apply a salary and job duties test to determine whether the exemption should apply.

California’s exemption tests are even more narrow than the federal standard, which means employees exempt under the FLSA may still qualify for protections under California law. Employers frequently rely on inflated job titles or vague administrative claims to justify denying overtime. Our lawyer sees this tactic often and knows how to properly combat it. 

This is why workers cannot assume they are exempt simply because their employer says so. California’s rules are designed to prevent abuse, ensuring that only a small subset of employees legitimately fall outside wage and hour protections.

What Protections Are in the FLSA?

The FLSA sets forth standards for several worker protections. It is important to remember that an employer that has violated the FLSA may have also violated state laws that protect employees from unfair labor practices.

Protections outlined in the FLSA include:

Federal minimum wage – Currently, the federal minimum wage is $7.25; however, California’s minimum wage is currently $15.00 per hour for employers with 26 employees or more and $14.00 per hour for employers with 25 employees or less. California’s minimum wage is set to increase in 2023.

Overtime pay – Non-exempt employees who worked over 40 hours in a workweek are entitled to at least one and one-half (1 ½ x) times their regular pay rate.

Recordkeeping requirements – Detailed records are required to be kept by employers, including identifying information, hours worked each day, regular hourly pay rate, overtime earning, and more.

Child labor restrictions – The FLSA sets forth child labor laws designed to protect minors and prohibit “conditions detrimental to their health or well-being.”

It is essential to discuss your case with an attorney as early as possible. While there are limitations to the FLSA, a violation of your federal rights may result in damages. Depending on the circumstances of the case, you might be entitled to unpaid overtime compensation, liquidated damages, and more.

California adds several major protections that go far beyond the FLSA baseline. These include:

• Daily overtime – California requires overtime for hours worked over 8 in one day, not just 40 in a week.
• Double-time pay – Employees earn double-time after 12 hours in a day or after 8 hours on a seventh consecutive workday.
• Meal breaks – A 30-minute off-duty meal break no later than the fifth hour of work.
• Rest breaks – A paid 10-minute rest break for every four hours worked.
• Business expense reimbursement – Employers must reimburse employees for necessary job-related expenses, including mileage, cell phone usage, tools, and uniforms.
• Higher minimum wage – California’s minimum wage is well above the federal level, and many cities and counties set rates even higher.
• Higher Standard Rule – When both federal and state laws apply, the law that gives the worker more protection always controls.
• State enforcement – California allows claims through the courts or the Labor Commissioner, giving employees multiple options to recover damages.

These expanded rights mean a violation of federal law often signals deeper problems under California law that can dramatically increase what the employee is owed.

Did Your Employer Violate the FLSA? Contact Our Office

When an employer breaks federal rules, they often break California’s wage laws too, and our lawyer aggressively exposes both sets of violations to secure the maximum amount of compensation for our clients. LA workers deserve full pay for every hour worked, breaks, accurate records, and to be free from retaliation.

If you suspect that your child violated the FLSA, contact our office at (213) 232-4848 for a free and confidential consultation. Let us help you fight to protect your rights, and for the compensation you are owed. Call now to get started.