§413 Rights and Protections Under the Fair Labor Standards Act of 1938

Summary

Covered federal employees must get the same minimum wage, overtime, recordkeeping, and child-labor protections found in parts of the Fair Labor Standards Act. Interns and volunteers are not counted as covered employees if the rules define them that way. Generally, covered employees must be paid overtime wages and cannot be given compensatory time instead, unless rules allow an exception for workers whose schedules depend directly on the President or the Vice President. If someone’s rights are violated, they can recover damages, including extra (liquidated) damages like those in the Fair Labor Standards Act. The President or a person the President names must write rules to carry out these protections. Those rules will mostly follow the Labor Secretary’s existing rules unless the President shows good reason to change them. The protections start when those rules take effect or on October 1, 1998, whichever comes first.