volume threshold is nevertheless covered The Act is administered by the Wage and Hour by the FLSA “in any workweek” when that Division of the United States Department of employee is individually “engaged in commerce Labor.3 This section first describes the FLSA’s or in the production of goods for commerce.”5 general applicability and basic minimum For both types of coverage, “commerce” wage, equal. [...] under or expense when considered in relation which any employee between the ages of to the size, financial resources, nature, or sixteen and eighteen years is employed by structure of the employer’s business.”26 an employer in any occupation which the Secretary of Labor shall find and by order declare to be particularly hazardous for the 20 U. [...] records for each covered, non-exempt worker.33 For example, every employer must maintain Third and finally, the FLSA directs the and preserve for three years34 payroll records Secretary of Labor to “provide by regulation containing the following information for or by order that the employment of each employee subject to the Act’s minimum employees between the ages of fourteen wage and overtime pay. [...] Likewise, the challenged activity relative to ordinary the provision requiring reasonable break farming; (5) the extent to which ordinary times for nursing mothers does not apply to farmworkers engaged in the challenged “any employee employed in agriculture.”50 activity; (6) the degree of separation by the employer between the various operations; and (7) the degree of industrialization.45 [ Minimu. [...] , and found to be liable for the violation must also (iii) [e]mployees principally engaged in the pay the plaintiff reasonable attorney fees and production of livestock.”63 Such an employer costs.68 Second, the Secretary of Labor may must also maintain records of the number of bring an action against an employer on behalf man-days worked each week or each month of an employee seeking the same reme.
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