The Fair Labor Standards Act (FLSA) governs wage and hour law by defining the 40-hour workweek, establishing a federal minimum wage, providing for overtime, and regulating child labor. State law may also govern an employee's wages and hours - for example, many states have a higher minimum wage requirement. Generally speaking, employees must be paid for any "work time" - time spent on an activity that is performed for the benefit of the employer. Although co-workers may be paid different amounts depending on their skills, education, and background, pay differentiation can not be based on a protected characteristic such as race, sex, or religion. If an employer violates the FLSA, a plaintiff employee is entitled to statutory damages, which include past wages, attorney fees, and liquidated damages.
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