The Fair Labor Standards Act (FLSA) was established in 1938 to ensure fair treatment of workers in the United States. It mandates that employers must provide their workers with a minimum wage and additional compensation for working over 40 hours in a week. The law also prohibits children under 16 from working in most jobs and deems certain occupations too hazardous for individuals under 18.
The Fair Labor Standards Act of 1938 (FLSA) is a significant law that brought about changes in labor standards in the United States. It established regulations for minimum wage, overtime pay, and child labor. FLSA set the federal minimum wage for the majority of private and public employees, ensuring that employers must pay their workers a minimum amount of money. Initially, the minimum wage set by FLSA was $0.25 per hour. Additionally, FLSA introduced “time-and-a-half” overtime pay for any work time exceeding 40 hours in a week, with exceptions for certain employees. This means that employees must be paid one and a half times their regular pay for any hours worked beyond 40 in a week. FLSA also placed restrictions on the employment of children under the age of 16, with exceptions for specific industries such as agriculture, where there are age minimums and parental permission is required. Furthermore, children under the age of 18 are prohibited from working in hazardous occupations and certain sectors like mining or manufacturing. Overall, FLSA serves as an important law that safeguards the rights of workers and ensures fair treatment.
The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay, recordkeeping, and child labor standards for employees in the private sector and in federal, state, and local governments.
The FLSA covers most employees in the United States, including full-time and part-time workers. However, certain exemptions exist for specific job categories, such as executive, administrative, professional, and outside sales employees.
The current federal minimum wage under the FLSA is $7.25 per hour. However, some states have their own minimum wage laws, which may be higher than the federal minimum wage.
Under the FLSA, non-exempt employees are entitled to receive overtime pay at a rate of one and a half times their regular rate of pay for any hours worked beyond 40 in a workweek. However, certain exemptions apply to specific job categories.
No, not all employees are entitled to overtime pay. The FLSA provides exemptions for certain job categories, such as executive, administrative, professional, and outside sales employees, who may be exempt from receiving overtime pay.
Yes, an employer can require employees to work overtime. However, they must comply with the FLSA’s overtime pay requirements and compensate eligible employees accordingly.
In general, private sector employers are not allowed to offer compensatory time off instead of overtime pay. However, public sector employers may offer compensatory time off in certain circumstances.
Employers can classify employees as exempt from overtime pay if they meet specific criteria outlined in the FLSA, such as performing certain job duties and earning a minimum salary threshold. However, misclassifying employees can lead to legal consequences.
Yes, employees can file a lawsuit against their employer for FLSA violations, such as failure to pay minimum wage or overtime. They may be entitled to back wages, liquidated damages, and attorney’s fees if successful.
Employees can report FLSA violations to the Wage and Hour Division of the U.S. Department of Labor. They can file a complaint online, by phone, or by visiting a local office. It is also advisable to consult with an employment attorney for guidance on reporting violations and pursuing legal action.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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