Wages and Hours
Work Hours and
Other Pay Issues
Merit pay, also known as pay-for-performance, is defined as an increase in
pay based on a set of criteria set by the employer. This usually involves the
employer conducting a review and meeting with the employee to discuss the
employee's work performance during a certain time period. The provision of merit pay is a matter
between an employer and an employee (or the employee's representative). The Fair Labor Standards Act
(FLSA) does not require or address the issue of merit pay. The FLSA is administered and enforced by the Wage and Hour Division of the Employment Standards Administration.
- elaws FLSA Advisor - Addresses key wage and hour topics, including what the FLSA
does and does not require.
- Employment Standards Administration (ESA)
Wage and Hour Division
200 Constitution Avenue, NW
Washington, DC 20210
Tel: 1-866-4USWAGE (1-866-487-9243)
- For questions on other DOL laws,
please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL. Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service.
*Pursuant to the U.S. Department of Labor's Confidentiality Protocol
for Compliance Assistance Inquiries, information provided by a telephone caller
will be kept confidential within the bounds of the law. Compliance assistance
inquiries will not trigger an inspection, audit, investigation, etc.