How the Fair Labor Standards Act Applies to Professional Offices

The Fair Labor Standards Act (FLSA) doesn’t just apply to factories and retail — it also protects employees working in professional offices like doctors’ offices, law firms, accounting firms, and similar workplaces.

These protections focus on minimum wage, overtime pay, and proper recordkeeping, all designed to ensure workers are paid fairly and not exploited, intentionally or otherwise.

When the FLSA Covers Professional Offices

There are two main ways a professional office might fall under FLSA coverage:

Enterprise Coverage

If the business generates at least $500,000 in annual sales, the FLSA typically applies, regardless of whether it operates as a standalone office or is part of a larger organization.

Individual Employee Coverage

Even if the business’s sales are under $500,000, you may still be covered if your work involves interstate commerce, such as:

• Handling out-of-state phone calls
• Receiving goods or supplies from out of state
• Processing credit card transactions

If either form of coverage applies, your rights under the FLSA are protected.

What Covered Employees Are Entitled To

If you are covered by the FLSA, your employer must:

• Pay you at least the federal minimum wage ($7.25/hour)
• Pay overtime at time-and-a-half your regular rate for any hours worked over 40 hours a week

Important:

Some employees may be classified as exempt from overtime, but true exemptions are very specific, and employers often misclassify workers to avoid paying overtime.

Common FLSA Issues in Professional Offices

Even professional workplaces sometimes fail to comply with wage and hour laws. Some of the most frequent violations include:

• Misclassifying salaried employees: Being paid a salary doesn’t automatically exempt you from overtime. If you are non-exempt, you must be paid overtime — even if you’re salaried.
• Unpaid hours worked: Staying late, arriving early, or working through lunch without pay? All hours worked — even those outside of regular working hours — must be counted and compensated.
• Work performed from home: Remote work hours must be counted toward your total weekly hours, and if they push you over 40, you are entitled to overtime.

Other Important Labor Laws to Know

In addition to the FLSA, several other key federal laws protect employees working in professional offices:

Immigration Reform and Control Act

Signed into law on November 6, 1986, by then-US President Ronald Reagan, this law requires employers to verify your eligibility to work in the U.S. using an I-9 form. Discrimination based on immigration status or citizenship is prohibited.

Wage Garnishment Law

This law limits the amount of your income that can be garnished. It also prevents employers from firing you because of a single garnishment.

Employee Polygraph Protection Act

Employers generally cannot require lie detector tests as a condition of employment, except in very limited circumstances, like:

• Ongoing investigations into theft or embezzlement
• Security firms
• Certain businesses involving controlled substances

Even when polygraph tests are allowed, employees have the right to refuse, must be given written notice, and are protected from retaliation.

Family and Medical Leave Act

Eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave for family or medical reasons.

Morgan & Morgan Can Help Protect Your Workplace Rights

If you work in a professional office and believe your employer is violating your wage and hour rights, you don't have to navigate it alone.

Morgan & Morgan fights for employees, making sure you receive the pay and protections you’re entitled to under the law.

Contact us today for a free, no-obligation case evaluation, and let’s talk about how we can help.

This information is based on fact sheets that the DOL provides.