FLSA Wage & Hour Compliance

Wage and hour compliance program covering part-time scheduling, overtime calculations for holiday seasons, youth employment restrictions, and minimum wage for tipped retail employees.

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What this document covers

The Fair Labor Standards Act governs minimum wage, overtime pay, recordkeeping, and youth employment in retail stores. Retail presents unique FLSA challenges: complex scheduling of part-time workers across variable shifts, overtime calculations during extended holiday hours, youth employment restrictions for workers under 18 (especially during school year), and commission-based pay structures that must still meet minimum wage floors. The retail industry is one of the most frequent targets of FLSA enforcement actions and class-action wage lawsuits, with common violations including off-the-clock work during opening/closing, meal break violations, and misclassification of assistant managers as exempt.

Key sections included

Minimum wage compliance and posting requirements
Overtime calculation (40+ hours per workweek)
Part-time scheduling and hours tracking
Holiday and seasonal extended hours procedures
Youth employment restrictions (14-15 and 16-17 age groups)
Commission and bonus pay calculations
Meal and rest break documentation
Assistant manager exemption analysis (duties test)

Frequently asked questions

Is my assistant manager exempt from overtime?

Not necessarily. The retail industry 'assistant manager' exemption is heavily litigated. The employee must earn at least $684/week on salary AND their primary duty must be management with authority over at least two employees. Simply giving someone a manager title does not make them exempt.

Can I have employees work off the clock to set up before opening?

No. All time an employer 'suffers or permits' employees to work must be compensated, including pre-opening setup, post-closing cleanup, and mandatory meetings. This is one of the most common retail FLSA violations.

What hours can a 15-year-old employee work during summer?

During non-school periods, 14-15 year olds can work up to 8 hours/day and 40 hours/week, but only between 7 AM and 9 PM (June 1 through Labor Day). During the school year, limits are 3 hours on school days and 18 hours per week.

Document details

Legal basis: Fair Labor Standards Act (29 USC §201 et seq.); 29 CFR Parts 516, 531, 541, 570, 785
Enforced by: U.S. Department of Labor, Wage and Hour Division (WHD)
Penalty for absence: Back wages plus equal amount in liquidated damages. Willful violations: 3-year statute of limitations (vs. 2 years). Civil penalties up to $2,374 per violation for youth employment, $1,000+ per violation for repeat minimum wage/overtime offenses. Class-action lawsuits common in retail.
Category: Employment & HR

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