The fair labor standards act applies to employees who are engaged in interstate commerce or in the production of goods for commerce, or who are employed by an enterprise engaged in commerce or in the production of goods for commerce unless the employer can claim an exemption from coverage. Fair labor standards act of 1938 legal definition of fair. The fair labor standards act of 1938, signed by president franklin d. For nonexempt employees, the fair labor standards act sets minimum wage rates and overtime requirements. Be it enacted by the senate and house of representatives of the untied states of. The fair labor standards act flsa does not require payment for time not worked, including jury duty. Democratic opposition to the fair labor standards act of 1938 jstor. An employee must be at least 16 years old to work in most nonfarm jobs and at least 18 to work in nonfarm jobs declared hazardous by the. Fair labor standards act 1938 important new deal labor legislation that regulated minimum wages and maximum hours for workers involved in interstate commerce. This resource thoroughly addresses the full scope of the flsa including minimum wage. Conceptions of fairness and the fair labor standards act. A guide to the fair labor standards act and state wage and hour laws. The equal employment opportunity commission eeoc gave employers the green light to take employees temperatures to try and ward off the spread of the coronavirus in guidance updated march 18. The fair labor standards act was signed on june 25, 1938, and it.
As a people who so intimately tie ourselves to careers and work, the information this book holds becomes necessary to developing a clear vision of how the government influences the. The fair labor standards act of 1938 has been challenged and changed many times through its history, but its legacy has created a standard for the labor industry today. Under the fair labor standards act the united states department of labor wage and hour division federal minimum wage at least 1 times your regular rate of pay for all hours worked over 40 in a workweek. Under the federal fair labor standards act flsa, an employer can require an employee to bear the cost of a uniform but not so much that it. The wage and hour division of the department of labor dol administers and enforces flsa. The fair labor standards act flsa more specifically, there has been an act enacted in 1938 that concerns all workers involved in interstate commerce. The most important and most farreaching law guaranteeing a workers right to be paid fairly is the federal fair labor standards act flsa, which.
Learn more about your rights under the flsa and similar state laws in our wage and hour articles the flsa was passed in 1938 after the great depression, when many employers took advantage of the tight labor market to subject workers to horrible. Certain federal employment regulations such as minimum wage, overtime, child labor standards, and recordkeeping rules are established by the fair labor standards act flsa. The fair labor standards acts flsa basic requirements are. Sep 18, 2016 but the bulk of farm workers in the u. White collar exemption o salary o minimum pay o duties test 5. Fair labor standards act as a case study that offers useful, if only preliminary, insights. The act faced judicial opposition at the time of its passing and has been controversial since. All employees that hold positions determined to be covered under the mandatory. Liability for overtime work performed prior to july 20, 1949. It also prohibits employment of minors in oppressive child labor. The fair labor standards act flsa section 14c advisor is being revised. Handy reference guide to the fair labor standards act u. The fair labor standard act flsa is a federal law that sets minimum wage, overtime, and minimum age requirements for employers and employees. The fair labor standards act flsa establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting fulltime and parttime workers in the private sector and in federal, state, and local governments.
Under the fair labor standards act the law requires employers to display this poster where employees can readily see it. The fair labor standards act flsa is a united states federal law enacted in 1938, which establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting fulltime and parttime workers in the private sector and in federal, state, and local governments. If you believe your rights have been violated, you may want to speak with an experienced employment law attorney near you. The fair labor standards act flsa guarantees a number of rights, primarily aimed at ensuring that workers get paid fairly for the time they work. It protects workers by setting standards for minimum wage, overtime pay, recordkeeping, and youth labor. T he political battle over the fair labor standards act flsa has a prom. This type of benefit is generally a matter of agreement between an employer and an employee or the employees representative. When labor laws left farm workers behind pbs newshour. The flsa has been amended on many occasions since 1938. Interactive handy reference guide to the fair labor standards act pdf for best printout, see the pdf version. This book will inform you of the current labor laws and how they apply to you and you employees. The fair labor standards act flsas rules governing overtime pay have challenged employers for decades, in large part due to whats referred to as the duties test.
The law also outlawed labor by children under sixteen. The fair labor standards act flsa provides workers with minimum wage, overtime pay, and child labor protections. Supreme court has established precedent on several flsa issues, including overtime exemptions and exclusions, standards for compensable time, and what triggers a retaliation claim. But workers skills and pay level can push courts to the opposite conclusion. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Since that time, the flsa has been amended to include the equal pay act, portaltoportal act, child labor, and many other changes. For a more detailed discussion, see poole and rosenthals book, congress. This law covers fulltime and parttime workers in the private sector and federal, state, and local governments. Or better yet, book a free demo to see how we streamline clock edits with. Under the federal fair labor standards act flsa, an employer can require an employee to bear the cost of a uniform but not so much that it pushes the. For example, many airline employees are exempt from the flsas overtime provisions. The fair labor standards act flsa establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in federal, state, and local governments. The wages and hours act, later known as the fair labor standards act flsa, was passed on 25 june 1938.
An overview congressional research service summary the fair labor standards act flsa provides workers with minimum wage, overtime pay, and child labor protections. As employers grapple with a new federal overtime rule proposal, the business community has described the salary threshold as fair, but worker advocates say the proposed level isnt high enough. Visit the fair labor standards act advisor for exemption classifications and state legal tools. The law surrounding the fair labor standards act has grown exponentially in recent years, and the demand for this twovolume set reflects that growth. This book studies the history behind and application of the fair labor standards act in its three distinct areas of minimum wage, overtime pay, and child labour. Choose from 204 different sets of fair labor standards act flashcards on quizlet. In addition, certain employers and employees are exempt from coverage. Download fact sheets and see etools for overtime pay guidance. Among these bills was a landmark law in the nations social and economic development fair labor standards act of 1938 flsa. Some unions and even employers, most famously kellogg, pushed the. The fair labor standards act states that workers who clock more than 40 hours per week are to get overtime pay.
Roosevelt in the midst of the great depression, requires employers to pay employees the minimum wage and imposes several child labor provisions. Though the law set a relatively low initial minimum wage of 25 cents an hour, it provided for increases up. Use features like bookmarks, note taking and highlighting while reading. The fair labor standards act flsa is a federal law which establishes the minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting fulltime and parttime workers in the private sector and in federal, state, and local government.
The fair labor standards act establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting fulltime and parttime workers in the private sector and in federal, state, and local governments. In 1938 congress enacted the fair labor standards act f. An overview kindle edition by mayer, gerald, collins, benjamin, bradley, david h download it once and read it on your kindle device, pc, phones or tablets. The flsa covers most, but not all, private and public sector employees. Fair labor standards act or wages and hours act, passed by the u.
Despite a push by some members of congress, retail workers, service workers. Fair labor standard act flsa congress enacted in 1938 the fair labor standards act to eradicate unfair labor practices, disputes, and conditions. The fair labor standards act is intended to provide a baseline of protection for employees, including fair wages and reasonable working hours. Currently, workers covered by the flsa are entitled to the minimum wage and overtime pay at a rate of not less than one and onehalf times their regular rate of pay after 40 hours. The flsa is a federal law that protects employees by requiring employers to pay 1 a minimum wage and 2 an overtime premium for more than 40 hours worked in a week. The exemption of professional sports teams from the fair labor. The fair labor standards act answer book is intended as a cost effective, comprehensive and user friendly desk reference for the fair labor standards act flsa. Handy reference guide to the fair labor standards act. Everything you need to know about california labor laws and how to optimize.
Federal overtime rule proposal revives debate on fair. It sets standards regarding working conditions, such the minimum age and working hours. Learn fair labor standards act with free interactive flashcards. Fair labor standards act, the, third edition bloomberg. Department of labor dol administers the law and may order payment of back wages, file a lawsuit for back wages, or obtain an injunction for flsa violations. As a result of the 2016 changes to flsa or fair labor standards act, on december 1, 2016, a new overtime rule is set to go into effect.
Immediately download the fair labor standards act summary, chapterbychapter analysis, book notes, essays, quotes, character descriptions, lesson plans, and more everything you need for studying or teaching fair labor standards act. Though the law set a relatively low initial minimum wage of 25 cents an hour, it provided for increases up to 40 cents an hour by 1945. Congress in 1938 to establish minimum living standards for workers engaged directly or indirectly in interstate commerce, including those involved in production of goods bound for such commerce. The equal employment opportunity commission eeoc gave employers the green light to take employees temperatures to try and ward off the spread of the coronavirus in. Your first step to compliance is learning about the fair labor standards act flsa and applicable state and occasionally local laws. Oharas push for support began with a speech to the. The fair labor standards act s flsa basic requirements are. Your rights under the fair labor standards act nolo. It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the.
For an exemption to apply, a whitecollar employees specific job duties and salary must meet all. The fair labor standards act flsa is a federal law which establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting fulltime and parttime workers in the private sector and in federal, state, and local governments. Franklin roosevelt pushed for the flsa, a centerpiece of the new deal, to end. A public sector compliance guide 2018 liebert cassidy whitmore table of contents section 1 overview of the fair labor standards act a. These sample presentations must be customized to match state laws and the employers own policies and practices. You must meet the standards of the exemption tests regardless of your job title. Please contact your nearest wage and hour office with questions. This essential tool provides a balanced and comprehensive treatment of the flsa statute, dol regulations, and case law regarding private and d. The fair labor standards act was signed on june 25, 1938, and it changed. Special rules apply to state and local government employment involving fire protection.
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