Fair Labor Standards Act (FLSA)
Employment Law · Lesson 05
Fair Labor Standards Act (FLSA)
這一課問的是：僱主是否違反 FLSA 最低工資、加班、記錄要求？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Has the employer violated FLSA minimum wage, overtime, or recordkeeping requirements?
這一課問的是：僱主是否違反 FLSA 最低工資、加班、記錄要求？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
FLSA
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Fair Labor Standards Act — wages, hours, child labor.
FLSA。
minimum wage
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Federal $7.25/hr; many states higher.
最低工資。
overtime
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Time and a half for hours over 40 in workweek.
加班 1.5 倍。
exempt employees
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Executive, administrative, professional, computer, outside sales — no OT.
免除員工。
salary basis test
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Exempt employees must be paid on salary basis, $684/wk minimum.
薪資制測試。
duties test
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Job duties must match exemption category.
職能測試。
independent contractor
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Not covered by FLSA — economic realities test.
獨立承攬人。
Issue · what this lesson is really about
Has the employer violated FLSA minimum wage, overtime, or recordkeeping requirements?
這一課問的是：僱主是否違反 FLSA 最低工資、加班、記錄要求？
Trigger words & phrases that should flag this issue:
minimum wageovertimeexemptindependent contractortips
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| State minimum wage | Employers must pay at least federal minimum wage (or higher state minimum) for all hours worked. | 須付聯邦或州最低工資。 |
| Apply overtime | Non-exempt employees receive time-and-a-half for hours over 40 in a workweek. | 非免除員工：每週超 40 小時付 1.5 倍。 |
| Apply exemptions | Exempt status requires salary basis test ($684/wk minimum) AND duties test matching exemption category. | 免除：薪資制 + 職能雙重檢驗。 |
| Apply independent contractor | Independent contractor classification based on economic realities — control, opportunity for profit/loss, investment, skill, permanence, integration. | 獨立承攬人：經濟實際測試。 |
Rule Sentence · the workhorse
The Fair Labor Standards Act requires covered employers to pay non-exempt employees at least the federal minimum wage for all hours worked and overtime at one-and-a-half times the regular rate for hours over 40 in a workweek; exempt employees (executive, administrative, professional, computer, outside sales) must meet both a salary basis test and a duties test.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人employer僱主
Act 行為paying wages支付工資
Object 對象employee員工
Standard 法律標準FLSA minimum wage + overtime + exemptionsFLSA 最低工資 + OT + 免除
Consequence 後果compliance or unpaid wages liability符合或欠付責任
Casebook Snapshot · a real American case
Encino Motorcars, LLC v. Navarro
Holding. FLSA exemptions are to be given a "fair (rather than narrow) reading" — overturning prior "narrowly construed" principle. Service advisors at car dealerships qualified for FLSA exemption.
Why it matters. Encino Motorcars relaxed the interpretive thumb on the scale against FLSA exemptions — fair reading replaces narrow reading.
Encino：FLSA 免除以公平（非狹義）解釋。
Common Mistakes · what trips students
✗ salary 就 exempt。
✓ Salary basis + qualifying duties both required.
須薪資制 + 符合職能。
✗ OT 計算只看 hours worked。
✓ Some bonuses must be included in regular rate.
部分獎金須入正常工資。
✗ misclassification 為 contractor 不算違法。
✓ Misclassification can yield back wages, OT, penalties.
錯誤分類致 back wages、OT、罰款。
Mini IRAC · build the Application
Issue. Has D violated FLSA by paying P, classified as exempt, a $600/week salary for performing primarily clerical work?
Rule. FLSA exemption requires both (1) the salary basis test ($684/week minimum) and (2) duties test matching an exemption category.
Application (model). P is paid $600/week (below the $684/week salary threshold) and performs primarily clerical work (not qualifying for executive, administrative, or professional exemption). Because FLSA exemption requires both salary basis test and qualifying duties, the fact that P fails both prongs — below salary threshold AND non-exempt duties — means P should be classified as non-exempt and entitled to overtime.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, D has violated FLSA by misclassifying P as exempt; P is entitled to overtime pay.
MBE Check · multiple choice
A non-exempt employee works 45 hours in one workweek at $20/hour regular pay. What is the minimum FLSA-compliant payment?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: