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 ?
This feature of FLSA enforcement is not due to a lack of injunctive relief under the Act, as [section] 217, titled "Injunction proceedings," explicitly provides federal courts with equitable jurisdiction to "restrain violations" of FLSA's main provisions.
employment status under the FLSA. Ultimately, this Note rejects
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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.
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But the exact relationship between the FLSA employer definition and the PPACA employer definition seems to be hazy, and subject to change.
FLSA lawsuits are the claim of choice for many employee-side attorneys.
The FLSA requires that the covered, nonexempt employees be paid at least $7.25 an hour, plus time and a half for more than 40 hours worked in a week.
"The First Circuit has considered, but not decided, whether the FLSA preempts individual state law wage claims analogous to the claim presented here.
In count 1, all five plaintiffs bring an FLSA claim for unpaid wages and unpaid overtime.
("FLSA"), and various state and local wage laws, seeking to certify a class of similarly situated SkyWest employees.