Who is Covered Under the FLSA?
There are both covered employers and covered employees. The FLSA defines “employer” to provide broad coverage and there is no threshold number of employees. Generally, employers must comply with the FLSA if they are engaged in interstate commerce and have annual gross income of $500,000; are a public agency; or operate a hospital, health care facility, or school. Covered employees are those who work in an enterprise, are engaged in interstate commerce; those who produce goods for commerce; or those who work in activities closely related to such work. As a result, even if an employer is NOT covered by the FLSA, most of the employees will typically be individually covered. This video reviews those who are covered, those who are not covered, and what factors are usually considered to determine the difference.
Noah A. Frank
- Attorney in the Chicago office of SmithAmundsen LLC, in the Labor & Employment Practice Group, Data Privacy, Security & Litigation Group, and the Medical Cannabis Counsel Team
- Practice emphasizes all aspects of employment law, including mandated leave, discrimination, handling difficult employees effectively, and agency matters
- Conducts regular seminars and workshops on numerous Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), workers’ compensation, unemployment, anti-discrimination/harassment, wage garnishments, properly paying hourly employees, and employment misclassification issues (exempt/nonexempt/independent contractor)
- Author of several publications related to the areas of employment, workers’ compensation, cannabis and marijuana
- Member of the Illinois Chamber of Commerce, Business Advisory Board, Employment Law Council, Cannabis Regulation Working Committee; University of Illinois College of Law, Alumni Board; Chicago Bar Association, Leadership Institute Steering Committee; American Bar Association, Annual Meeting Program Planning Committee; Wicker Park Bucktown Chamber of Commerce; River North Business Association
- J.D. degree, University of Illinois College of Law; M.H.R.I.R. degree, University of Illinois Institute of Labor & Industrial Relations; B.A. degree, University of Illinois at Urbana-Champaign
- Can be contacted at 312-623-7265 or [email protected]
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