FLSA Wage & Hour Compliance

Wage and hour compliance plan covering minimum wage, commission structures for personal trainers, overtime calculations, and recordkeeping for gym employees.

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What this document covers

The FLSA sets federal minimum wage, overtime, and recordkeeping standards that apply to gym employees. Gyms face unique FLSA challenges: personal trainers often work on commission or per-session pay that may not meet minimum wage when calculated hourly, unpaid time for session preparation and travel between clients is compensable, group fitness instructors may work split shifts, and front desk staff may be asked to perform off-the-clock opening/closing duties. Misclassifying trainers as exempt when they do not meet the salary or duties test is a common violation.

Key sections included

Minimum wage compliance for all pay structures
Commission and per-session pay calculations for trainers
Overtime calculation for hourly and commissioned employees
Compensable time (prep time, travel, mandatory meetings)
Split-shift compliance for group fitness instructors
Exempt vs. non-exempt classification for trainers
Recordkeeping requirements
Youth employment restrictions for gym jobs

Frequently asked questions

Can I pay personal trainers only per session?

Yes, but per-session pay must equal at least minimum wage when calculated against all hours worked — including session prep, travel between clients, mandatory meetings, and administrative tasks. If total pay divided by total hours falls below $7.25/hr (or your state minimum), you owe the difference.

Are personal trainers exempt from overtime?

Most personal trainers are non-exempt and entitled to overtime. The professional exemption requires advanced knowledge in a field of science or learning customarily acquired by prolonged study. Personal training certifications typically do not meet this standard. The administrative exemption requires the primary duty to be office or non-manual work of a managerial nature.

Is trainer prep time compensable?

Yes. Time spent preparing workout plans, reviewing client notes, setting up equipment for sessions, and attending mandatory staff meetings is compensable work time under the FLSA.

Document details

Legal basis: Fair Labor Standards Act (29 USC §201 et seq.); 29 CFR Parts 516, 531, 778, 785
Enforced by: U.S. Department of Labor, Wage and Hour Division
Penalty for absence: Back wages plus equal amount in liquidated damages. Willful violations: $2,050 per violation. Repeat violations: up to $11,162 per violation. Class action lawsuits from trainers are increasingly common.
Category: Employment & HR

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