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The Fair Labor Standards Act (or FLSA), also known as the Wages and Hours Bill, was put into place in 1938 by the US government in order to protect workers' rights in regards to their wages and hours worked. The FLSA set into place various workplace provisions such as:
The Fair Labor Standards Act is the main federal law that prevents employers from taking advantage of their employees. However, there are some exceptions and exemptions, and the law does not necessarily cover all employees/employers.
Though there are certain employers and employees that are exempt or excluded from the Fair Labor Standards Act, it does cover most employers and employees in the US. Still, some employers still take advantage of their employees and/or they try to sidestep the standards set forth by the FLSA law. There are strict guidelines in the Fair Labor Standards Act about overtime, contract versus full-time employees, half-time and double-time wages, work breaks, time off, tips, and what constitutes as hours worked. Because the laws can be complex, some employers unjustly classify their workers to avoid paying overtime or giving benefits, deny breaks, change an employee's position, tamper with their hours, etc; all so that they can get away with violating the FLSA provisions.
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Fair Labor Standards Act
Fair Labor Standards Act (FLSA), also Federal Wage and Hour Law measure enacted by the United States Congress in 1938 to eliminate labor conditions injurious to the health and efficiency of workers and unfair methods of competition based on these conditions. The act prohibited the introduction into interstate commerce of goods produced in violation of its provisions. It provided for a minimum wage of 25 cents an hour, required the payment of overtime at a rate of at least time and one half the regular rate of pay for hours in any work week in excess of 44, and prohibited "oppressive child labor." A subsequent increase of the minimum wage to 40 cents, and a decrease in the maximum nonovertime hours to 40, was incorporated in the original law. Over the years the act has been amended periodically to raise the minimum wage, reduce the hours that could be worked without overtime pay, and extend the coverage to many more low-income workers. The Equal Pay Act of 1963 also amended the FLSA by prohibiting wage differentials based on sex.
II EXEMPTIONS The act contains exemptions from its provisions for executive, administrative, professional, and academic employees; certain farm workers; full-time students; learners and apprentices; handicapped workers; and workers in some specialized or seasonal employment. In Puerto Rico, the Virgin Islands, and American Samoa, industry-wage orders calling for subminimum rates may be fixed.
The act also gives partial exemptions from the overtime-pay provisions for workers in industries that are found by the secretary of labor to be seasonal, as well as for persons working under union contracts specifying certain hours, and attained through the process of collective bargaining by a union certified by the National Labor Relations Board.
III OPPRESSIVE CHILD LABOR Oppressive child labor is generally defined as the employment of children under the age of 16, except for children between 14 and 16 years of age working under nonhazardous conditions that do not interfere with their schooling, health, or well-being. The minimum age for employment in hazardous occupations is 18. Children of any age may, however, be employed as theatrical performers and may work in agriculture outside school hours. Enforcement is the responsibility of the Wage and Hour Division of the U.S. Department of Labor. Willful violations of the law are punishable by fines and imprisonment.
IV CONTROVERSY As the minimum wage has risen, the law has increasingly come under attack. Critics contend that the minimum wage limits employment opportunities, especially for young people and the elderly. Most workers, however, favor a minimum wage as being necessary to maintain an adequate standard of living.
If you believe your employer is violating the Fair Labor Standards Act and/or if you are not receiving the workers' rights you are entitled to, a labor law attorney can help. Lawyers are familiar with all of the exceptions, exemptions and amendments of the FLSA and they can help you understand if you are exempt from these laws or if you are being unjustly taken advantage of. A labor law attorney will fight for your workplace rights to ensure you are paid fair wages for your time worked, in accordance with all of the FLSA standards. If your employer is denying your rights and violating the Fair Labor Standards Act, an employment attorney can help you attain justice and will make sure you receive the maximum compensation for your wrongly denied rights.
If you have been denied workers' rights or have a question about the Fair Labor Standards Act, contact Attorney Search Network to speak to an experienced labor law lawyer.
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