The Fair Labor Standards Act and the Child Care Industry - What Regulations Apply?

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Joanne is a child care center director. After hiring two employees, Joanne is now wondering how the federal Fair Labor Standards Act (FLSA) should affect the wages and hours of her employees and how FLSA and her state minimum wage and hour law interact. She's been getting conflicting advice and worries she may not be in compliance with the law.


Joanne is concerned with good reason. Increasing controversy has arisen over how and when to consider child care center staff as employees covered by the FLSA. Controversy has been fueled by a lack of clarity in the law and inconsistent legal interpretations. Fortunately, the federal Department of Labor has been considering these issues and is expected to release a report specifically addressing child care and state mandated training with respect to FLSA within the next year.

This article lays out some basic guidance about the FLSA ...