Fair Labor Standards Act

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Fair Labor Standards Act

The Fair Labor Standards Act of 1938 (29U.S.C.A. § 201 et seq.) was federal legislation enacted in 1938 by Congress, pursuant to its power under the Commerce Clause, that mandated a Minimum Wage and maximum 40-hour work week for employees of those businesses engaged in interstate commerce.

Popularly known as the "Wages and Hours Law," the Fair Labor Standards Act was one of a number of statutes making up the New Deal program of the presidential administration of Franklin Delano Roosevelt. Aside from setting a maximum number of hours that a person could work for the minimum wage, it also established the right of the eligible worker to at least "time and a half"—or one and one-half times the customary pay—for those hours worked in excess of the statutory maximum.

Other provisions of the act forbade the use of workers under the age of 16 in most jobs and prohibited the use of workers under the age of 18 in those occupations deemed dangerous. The act was also responsible for the creation of the Wage and Hour Division of the Labor Department.

Over the years, the Fair Labor Standards Act has been subject to amendment but continues to play an integral role in the U.S. workplace.


Employment Law; Labor Department.

References in periodicals archive ?
Supreme Court ruled that extending the FLSA to state and local government violated the 10th Amendment; however, the Court overruled this decision in 1985 in Garcia v.
According to the FLSA, an "administrative" employee must receive a salary of at least S250 per week; perform as his/her "primary duty" (at least 50 percent of the time) office or nonmanual work relating to management policies or the general business operations of the employer or the employer's customers; and exercise discretion and independent judgment.
The FLSA provisions apply to both individual employers and to those which constitute an "enterprise.
This transition must take place under conditions that will not jeopardize the protections afforded by FLSA to program participants, employees, employers, or programs providing rehabilitation services to people with disabilities.
In order to properly treat companionship workers as nonexempt under the FLSA, home care staffing agencies need to consider new compensation plans, timekeeping systems, and related policies.
Since the FLSA requires employers to pay employees for all hours worked, even those in addition to a prescribed schedule if the employer knows or has reason to know the employee is working, then yes, this time may be compensable.
The lesson here for employers is that whenever an employee makes a statement that could be construed as a complaint, whether it is written or oral, the employer must take pause to determine if the employer could be "filing a complaint" under the FLSA such that the statement would trigger the anti-retaliation provision of the FLSA.
or less were left unregulated by either the secretary's hours-of-work regulations or the overtime premium requirements of the FLSA.
To help you determine overtime and wages, DCSI has developed an FLSA Guide that includes a guidebook to the changes, a spreadsheet for determining exemption status, and a one hour consult with a Compensation Professional.
Individuals must presently satisfy three FLSA criteria to qualify as white collar employees exempt from federal guidelines, notes the PPWO: be salaried (salary basis test); earn more than $455/week, or $23,660 annually (the minimum salary requirement or salary threshold); and, perform duties consistent with Labor Department-defined executive, professional or administrative positions (primary duties test).
That's why the Fair Labor Standards Act, or FLSA was enacted--to ensure that employees receive a fair day's pay for a fair day's work.