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 ?
Yet the Fair Labor Standards Act also stipulates he cannot perform the fire service without compensation.
Lawyer Lloyd Ward and CEO lose Fair Labor Standards Act class action
Lawmakers might think more about business' problems if inflexible rules governing overtime pay in the Fair Labor Standards Act prevented them from keeping campaign workers on the job till the wee hours.
Barrie Tabin, Senior Legislative Counsel at NLC, testified before ACIR on behalf of NLC and the Public Sector Fair Labor Standards Act Coalition (Coalition) on ACIR's suggestion to repeal the application of the FLSA to the public sector.
A section of the Fair Labor Standards Act, the law regulating child labor, allows agricultural industries to obtain waivers that will allow them to use ten- and eleven-year-olds for hand-harvested products if the companies can show that not using the ten- and eleven-year-olds "would cause severe economic disruption to the industry.
The DOL's Wage and Hour Division recently concluded a special investigative effort targeting 288 nursing homes to determine industry adherence to the Fair Labor Standards Act and has more recently announced that it will now conduct a similar compliance survey in the residential "group home" segment of the long-term care industry.
The latest developments in Fair Labor Standards Act (FLSA) coverage and exemptions are addressed and examined in the new 2002 Cumulative Supplement to The Fair Labor Standards Act, published by BNA Books.
HR 1119, the Family Time Flexibility Act would amend the Fair Labor Standards Act (FLSA) and allow employees to receive compensatory time off in place of overtime pay.
This is the story of one such law -- the Fair Labor Standards Act (FLSA) -- and how, in one isolated case, Congress stepped in and cobbled together important relief from what could have been a catastrophic snafu.
The authors raise the need for better enforcement of existing health and safety regulations, especially those related to the appropriate use of personal protective equipment, and suggest revision of the Fair Labor Standards Act to include disinfectants as a hazard against which young workers must be protected.
Among a host of other issues, MBA's 2004 Advocacy Agenda also includes implementation of the Fair Credit Reporting Act (FCRA), the Fair Labor Standards Act (FLSA) overtime rule change, enhancing affordable housing opportunities through FHA empowerment and changes to improve Real Estate Mortgage Investment Conduits (REMICs).
Under the Fair Labor Standards Act, however, which governs minimum wage/maximum hour issues, an even broader interpretation of the term "employee" is used.

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