Fair Labor Standards Act The Fair Labor Standards Act (FLSA) was originally enacted in 1938. The law is enforced by the Wage and Hour Division of the U.S. Department of Labor, and includes 5 major provisions that protect employees. (TEXT) The five provisions include: coverage, minimum wage, overtime pay, youth employment, and record keeping. Coverage refers to the types of workers whom are protected by the FLSA. The FLSA also handles compensation issues like minimum wage, commissions, bonuses, expenses like room and board and other various deductions. To ensure that employees receive adequate compensation for working additional hours the FLSA has developed rules governing overtime pay. The Act also created and implemented rules governing youth …show more content…
In fact, the majority of employees within the United States are covered by the FLSA. However, there are employees who are exempt from the FLSA minimum wage and overtime regulations. Exemptions The most common type of exemption to the FLSA minimum wage and overtime regulations is called White Collar Exemptions. White collar exemptions include executive employees, administrative employees, professional employees, outside sales employees, and computer employees. To determine if an employee is exempt from minimum wage and overtime regulation the FLSA has designed three specific test, including: salary level, salary basis and job duties. The salary level test utilizes an employee’s salary to determine if they are able to qualify for minimum wage and overtime exemption. The wage used for consideration can be paid weekly, bi-weekly, or monthly and must be considered free and clear income. The minimum wage that qualifies is $455 …show more content…
There are a few key pieces of information that are missing, such as income and whether or not this is a salaried position. However, the job description does list the title as staffing manager and requires that applicants have a bachelor’s degree and minimum of two years’ experience working with scheduling, hiring, and training. Based on the requirements I feel the position would pay more than the minimum requirement of $455 weekly. From previous experience regarding management wages I believe that this position would be a salaried
U.S. Department of Labor-General Information on the Fair Labor Standards Act (FLSA). United States Department of Labor. Web. 9 May 2014.
The Fair Labor Standards Act (FLSA) is administered by the United States Department of Labor Wage and Hour Division. The Act regulates child labor, wages, and hours, it also requires employers to keep proper records and which to maintain (Bennett Alexander, 2004). The Act, now law requires employers to pay employees at the lower end of the pay scale, a certain amount which maintains a minimum standard of living and out of poverty (Bennett Alexander, 2004). That is the law and theory, in actuality the law has caused poverty in certain areas of the employment theatre, keeping those who are at the low end of the pay scale; below the reach of higher paying jobs.
The wage theft website indicates that wage theft is not stereotypical, and the issue is not primarily in specific work fields. No worker can particularly avoid wage theft, whether good wages or great benefits. Wage theft is more likely to occur in non-union workplaces. Industries including agriculture, janitorial services, retail, and restaurant work are among many of the most reported cases involving wage theft. Wage theft includes but is not limited to: not paying for all hours worked or not paying overtime, not paying minimum wage or not paying at all. Incidents classified as wage theft most often violate the Fair Labor Standards Act (FLSA), which provides a federal minimum wage but allows states to set their own minimum wage increased from the federal, and requires employers to pay...
Private employers and non-governmental businesses with at least one employee must comply with OSHA regulations. OSHA regulations often do not apply to individuals who are family farms not employing outside workers, self-employed and domestic workers This includes nannies or housekeepers, elderly caregivers, and public sector employees including local, state and federal employees. In addition all federal agencies are required to endorse standards equal to OSHA-mandated private sector principles. A revision to the original act now gives OSHA the authority to monitor the workplace for health and safety in the federal division.
The OSH Act gave OSHA the authority to come into work places and inspect facilities for health and safety risks. Due to shortages in personnel, OSHA inspects accidents and safety complaints that are filed, and those facilities that have a high volume of accident rates. If an individual state has an approved safety and health enforcement plan, than they may be exempt from yearly inspections by OSHA and have their own state personnel conduct the inspections. The Act sets a maximum penalty for safety and health violations, but OSHA has the authority to calculate fines. If an industry objects to the citation or fines, they can go before the Occupational Safety and Health Review Commission. OSHA has been criticized on both ends, by industries for being too strict, and by unions for not being strict enough. In the 1980s, OSHA had instituted a policy that would exempt some workplaces from a complete inspection if they had a lower than average injury rate. However, that policy was abandoned when an employee died from a workplace that OSHA had not fully inspected. OSHA has implemented new procedures that have set higher penalties and increased the maximum fine for all types of infractions.
The Fair Labor Standards Act has been amended repeatedly in subsequent decades, with changes expanding the classes of workers covered, raising the minimum wage, redefining regular-time work, raising overtime payments to encourage the hiring of new workers, and equalizing pay scales for men and women. FLSA Regulations and Non-Regulations While the FLSA does set basic minimum wage, overtime pay standards, and regulates the employment of minors, there are a number of employment practices which FLSA does not r... ... middle of paper ... ... 9. Fair Labor Standards Act, www.infoplease.com, 6/11/04 10.
According to the U. S. Department of Labor, FMLA is designed to help employees balance their work and family responsibilities and it seeks to promote equal employment opportunity for men and women. FMLA applies to all public agencies, public and private elementary and secondary schools, and all companies with 50 or more employees (U. S. Department of Labor, 2010).
Transition: Last year the federal minimum wage celebrated its 75th birthday last week as part of the federal 1938 Fair Labor Standards Act. The Act banned child labor, set a 44 hour maximum workweek, and guaranteed a minimum wage of 25 cents an hour. (Hitzik) Since then Congress has raised the rate 23 times. (USDOL)
The minimum wage is the lowest amount of required money that is paid per hourly or daily basis for the employees that are regulated by the government. Minimum wage laws started in New Zealand and Australia with an established purpose to provide a minimum standard of living for workers. In the United States, the first federally mandated minimum wage had provided workers 25 cents per hour as part of President Franklin D. Roosevelt 's Fair Labor Standards Act of 1938. In addition, the Fair Labor Standards Act has been regulating employers for the protection of American workers (“Federal Minimum Wage”). Minimum wage laws are legal regulations implemented to protect workers from exploitations that raise the issues about the pros and the cons of
When President Franklin D. Roosevelt signed the Fair Labor Standards Act (FLSA) of 1938, he called it ‘the most far-reaching, far-sighted program for the benefit of workers ever adopted in this or any other country.’ The act provided sweeping regulations to protect American workers from exploitation in sweatshops and factories -- Including workplace protection provisions and a ban on child labor -- and created a mandatory Federal minimum wage of 25 cents an hour to maintain ‘a minimum standard of living necessary for health, efficiency, and general well-being, without substantially curtailing employment.’
“The Fair Labor Standards Act (FLSA) was created in 1938 to establish a minimum wage and a limit on the number of hours which may be worked in a standard work week. It also provides standards for equal pay, overtime pay, record keeping, and child labor.” This law was created during a time period of great financial and political turmoil.
hours (overtime) must be with the consent of the employee. This step matches the CSR
The Equal Pay Act (part of the Fair Labor Standards Act), forbids employers to compensate women differently for jobs that are “substantially equal”, that is, almost identical. Traditionally, women have worked in different occupations than men; these occupations tend to be substantially different, pay less and confer less authority.
It is important to know that state minimum wage laws may differ from federal minimum wage laws. The law with the highest dollar amount should be used for payroll. For example, if the federal minimum wage is $7.25 per hour but state X has a minimum wage of $10.00, the employee is entitled to the higher minimum wage.
The Workers Compensation Act has been amended several times and it original origin hard to place. This act was created because injured employees were not being treated fairly by their employers. If they did get injured they had a hard time in court trying their cases against their employers whom generally had the ear of the law on their side. The state of Maryland established a workers’ compensation role in 1902, but was amended from 1916, 1920, and 1926 (1926 act) etcetera. The 1987 amendment gave seriously injured employees the right to sue their employers for damages at common law meaning, they had a right to sue as long as they could prove it. The 1992 amendment increased the workers compensation lump sum for permanent pain and suffering