• The Fair Labor Standards Act (FLSA) of 1938 is the law that establishes the national hourly minimum wage and promulgates the rules for eligibility for overtime pay. The U.S. Department of Labor’s Wage and Time Division enforces the law, and virtually all wage and time claims cite a violation of the FSLA. Wage and hour claims claim that workers classified by employers as “exempt” (and therefore not eligible for overtime pay) are in fact eligible for overtime pay. Claims for wages and hours of work are a serious danger to employers; a number of class action lawsuits over wages and hours settled for more than $10 million.