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.

Cross-references

Employment Law; Labor Department.

References in periodicals archive ?
FLSA services customers from 18 branch locations in the mid-Atlantic and southeastern United States, as well as an established national partner network.
FLSA enforcement has thus proven a "regulatory failure," (28) in which the wage standards that Congress intended to provide universal protection for workers and an even baseline for employer competition are "regularly and systematically violated.
We get questions frequently and because there are many misunderstandings regarding the FLSA, our goal through offering this three part series is to help dispel the myths and bring clarity.
For example, if under prior FLSA rules your employee had a salary of $32,000 with an average of one overtime hour per workday, the new hourly wage rate would be $13.
Attorneys representing employers and employees alike should take notice of the apparent trend developing in the lower federal courts with respect to FLSA plaintiffs, and what these rulings mean for their clients.
Under the final rule, the FLSA salary threshold will be adjusted every three years and set at a rate that represents the 40th percentile of full-time salaried workers in the lowest-wage US Census region (currently the South).
But the exact relationship between the FLSA employer definition and the PPACA employer definition seems to be hazy, and subject to change.
For years companies conducted business with a certain understanding of which employee positions would need to be exempt from the FLSA.
In 2013, 39 FLSA lawsuits were filed in federal courts in Arkansas, and 40 have been filed so far this year.
FLSA claims have experienced astronomical growth over the last decade or so.
In a press release announcing the verdict, it was noted that this is one of multiple victories that Prospect recently enjoyed on the FLSA claims of former loan officers.