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The Fair Labor Standards Act Application to the Construction Industry

OnDemand Webinar (56 minutes)

Avoid potential fines and back pay, understand the FLSA compliance requirements and available exemptions.The Fair Labor Standards Act (FLSA) is one of the oldest employment laws in the existence. Although the FLSA has been around since 1938, litigation of violations has increased in the most recent past. The changes announced in May 2016 pose additional challenges to compliance. This topic will provide not only an overview of the FLSA but will address specific topics and concerns to the construction industry. Business involved in new construction or reconstruction, the repair or renovation of existing commercial and or residential structures, roadways and bridge construction are subject to the provisions of the FLSA of the business grosses more than $500,000 in sales annually. Despite the coverage, businesses may not fully understand the record keeping provisions, the liability for subcontractors and the ability of the Department of Labor to conduct on site investigations. This topic helps the persons responsible for employee and subcontractor administration and record keeping to have a deeper understanding of the FLSA compliance requirements. The information also explains the exemptions available under the FLSA, other related laws and how to self-audit. Failing to fully understand and properly apply exemptions and maintain proper records could lead to civil fines and thousands of dollars of back pay to employees. This topic is critical for owners and administrators within the construction industry who are responsible for employee pay and record keeping.


Linda G. Bond, Rumberger, Kirk & Caldwell PA


The Fair Labor Standards Act - Overview

• Minimum Wage

• Overtime Requirements

Related Acts

• Davis-Bacon Act

- Who Is Covered

- How Wages Are Determined

• Anti Kickback Act

- Prohibitions

- Fines

• Contract Work Safety and Standards Act

- Who Is Covered

- Overtime Provisions

- Damages for Violations

- Exemptions

Classification of Workers

• Wage and Hour Concerns

• Other Related Issues

Working Time Under the FLSA

• On-Call Time

- Waiting to Be Engaged

- Engaged to Wait

• Travel Time

- Portal to Portal Implications

• Donning and Doffing

Joint Employer Issue

• Traditional Meanings

• Role of General Contractor and Subs

• Liability for Sub Contractor Violations


• Department of Labor

- On Site Visits

• Civil Litigation

• Civil Penalties

Mitigating the Risk

• Audits

• Recordkeeping

• Contracts