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This fact sheet provides general information concerning the application
of the FLSA to State and local government employees.
Characteristics
State and local government employers consist of those entities that are
defined as public agencies by the FLSA. "Public Agency" is
defined to mean the Government of the United States; the government of a
State or political subdivision thereof; any agency of the United States, a
State, or a political subdivision of a State, or any interstate
governmental agency. The public agency definition does not extend to
private companies that are engaged in work activities normally performed
by public employees.
Coverage
Section 3(s)(1)(C) of the FLSA covers all public agency employees of a
State, a political subdivision of a State, or an interstate government agency.
Requirements
The FLSA requires employers to:
- pay at least the Federal minimum wage -- $5.15 an hour effective 9/1/97
-- to all covered non-exempt employees for all hours worked
- pay at least one and one-half times the employees' regular rates of
pay for all hours worked over 40 in the workweek
- comply with the child labor standards
- comply with the recordkeeping requirements
Youth Minimum Wage: The 1996 Amendments to the FLSA allow employers to
pay a youth minimum wage of not less that $4.25 an hour to employees who
are under 20 years of age during the first 90 consecutive calendar days
after initial employment by their employer. The law contains certain
protections for employees that prohibit employers from displacing any
employee in order to hire someone at the youth minimum wage.
Under certain prescribed conditions, employees of State or local
government agencies may receive compensatory time off at a rate of not
less than one and one-half hours for each overtime hour worked, instead of
cash overtime pay. Police and fire fighters, emergency response personnel,
and employees engaged in seasonal activities may accrue up to 480 hours of
comp time; all others, 240 hours.
In locations with concurrent State wage laws, some States may not
recognize or permit the application of some or all of the following
exemptions. Since an employer must comply with the most stringent of the
State or Federal provisions, it is strongly recommended that the State
laws be reviewed prior to applying any of the exclusions or exemptions
discussed herein.
Certain employees in the following examples may be exempt from
the overtime requirements of the FLSA:
- employees who solely at their option occasionally or sporadically
work on a part-time basis for the same public agency in a different
capacity than the one in which they are normally employed
- employees at their option with approval of the agency, who
substitute for one another during scheduled work hours in the same work
capacity
- employees that meet exemption requirements for Executive,
Administrative, Professional or Outside Sales occupations
- hospital or residential care establishments may with
agreement or understanding with employees adopt a fixed work period of
14 consecutive days and pay overtime after 8 hours in a day or 80 in the
work period, whichever is greater
- mass transit employees' time spent in charter activities may
be excludable from the regular rate
- minimum wage and overtime may not be required for employees
working in separate seasonal amusement or recreational establishments
such as swimming pools, parks, etc.
Special Exemptions for Employees Engaged in Fire Protection and Law
Enforcement Activities
- employees may at their own option perform special duty work in fire
protection and law enforcement for a separate and independent employer
without including wages and hours in regular rate or overtime
determinations
- Fire Departments or Police Departments may establish a work
period ranging from 7 to 28 days in which overtime need be paid only
after a specified number of hours in each work period
- any employee who in any workweek is employed by an agency employing
less than 5 employees in fire protection or law enforcement may be
exempt from overtime
Where to Obtain Additional Information
This publication is for general information and is not to be considered
in the same light as official statements of position contained in the regulations.
For additional information, visit our Wage-Hour website: http://www.wagehour.dol.gov
and/or call our Wage-Hour toll-free information and helpline, available
8am to 5pm in your time zone, 1-866-4USWAGE (1-866-487-9243).
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