Federal laws

FLSA Rules and Numbers: Minimum Wage, Overtime, Records

See what the FLSA requires of employers, the 2026 minimum wage, overtime and exempt salary numbers, recent changes and penalties, in tables and a chart.

Last reviewed October 29, 2026 · General information, not legal advice

General information only, not legal advice. CPA Tax Payroll and Accounting Corp is a CPA firm, not a law firm. Laws change: confirm with the official source or a licensed attorney before you act. Read the full notice.

This page covers what the Fair Labor Standards Act (FLSA) asks of employers, the 2026 figures and changes still in motion. Basics are in the FLSA overview.

What the law requires

RequirementIn plain wordsWhere it comes from
Minimum wagePay non-exempt covered employees at least the federal minimumSec. 206(a)
Overtime1.5 times the regular rate for hours over 40 in a fixed 168-hour workweek; no averaging across weeksSec. 207(a)
Regular rateNondiscretionary bonuses go into the overtime rate29 CFR 778.208
Exempt payFor executive, administrative and professional staff, a salary of at least $684 a week plus a duties test29 CFR 541.600
BreaksRests of about 5 to 20 minutes are paid; a real meal period need not be paid. Federal law requires neither29 CFR 785.18-.19
RecordsPayroll records 3 years; time cards, rate tables and schedules 2 years29 CFR 516.5-.6
PosterDisplay the current poster (revised April 2023)DOL poster page
Tipped staffTell employees about a tip credit in advance; employers, managers and supervisors may not keep tipsSec. 203(m)(2)
RetaliationNo retaliation against someone who files or joins a complaintSec. 215(a)(3)

Key numbers and dates

ItemAmount or dateYear in forceSource
Federal minimum wage$7.25 an hour since July 24, 2009; the higher of federal or state applies2026DOL minimum wage page
Tipped cash wage$2.13 an hour2026Sec. 203(m); 29 CFR 531.59
Maximum tip credit$5.12 an hour ($7.25 minus $2.13)2026Derived from Sec. 203(m)
Exempt salary level$684 a week ($35,568 a year)202629 CFR 541.600
Back-pay suit window2 years; 3 years if willfulCurrent statute29 U.S.C. 255
Weekly salary level for the white-collar exemption, 2004 to 2026 dollars per week as of October 2026; only the $684 level is in force
2004 rule (replaced Jan 1, 2020)$455
2019 rule, in force since Jan 2020$684
2024 rule, July 2024 step (vacated)$844
2024 rule, Jan 2025 step (vacated)$1,128

Source: U.S. Department of Labor, 91 FR 27833

Recent and pending changes

  • Dec 29, 2022 (final): the PUMP Act added Sec. 218d: break time and a private space, not a bathroom, to express milk for 1 year after a birth. Employers under 50 workers may claim undue hardship.
  • Nov 15 and Dec 30, 2024 (final): two Texas federal courts vacated the 2024 salary rule. The appeals were dismissed in May 2026, and a DOL amendment effective May 15, 2026 restored the $684 text.

Penalties and enforcement

The Wage and Hour Division enforces the FLSA, and workers can sue on their own. A matter can start with a WHD investigation, often after a worker complaint, or with a demand letter or a lawsuit, including a collective action. DOL made no 2026 inflation adjustment, so the dollar maximums below are the 2025 amounts.

TierWhat can followMaximum in force in 2026
Back payUnpaid wages, an equal amount as liquidated damages (a court may reduce it for good faith) and attorney feesSet by statute
Tip retentionKeeping employee tips$1,409
Repeated or willful pay violationMinimum wage or overtime$2,515 per violation
Child laborStandard violation$16,035
Child labor, injury or deathViolation causing serious injury or death$72,876
Child labor, willful or repeated, injury or deathHighest tier$145,752

Next, see the checklist and FAQs, employee vs independent contractor and the tips and overtime deduction.

Official sources

This page is a plain-language summary. The official source controls if there is any difference.