Fair Labor Standards Act

Topics: Fair Labor Standards Act, Minimum wage, Employment Pages: 4 (1423 words) Published: October 11, 2009
Fair Labor Standards Act

Overview
The Fair Labor Standards Act of 1938, as amended is also referred to as "the Act" or "FLSA". The Act provides for minimum standards for both wages and overtime entitlement, and spells out administrative procedures by which covered work time must be compensated. FLSA also include provisions related to child labor, equal pay, and portal-to-portal activities. A general overview of FLSA is that it establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local government. In 1974 the Fair Labor Standards Act began applying to employees of the United States Federal Government. ( para.1, 2,” Office of Personnel,” n.d.). Background

The Fair Labor Standards Act is a federal law, however it doesn’t preempt state wage and hour requirements, unless it‘s more beneficial to the employee. In order for employees to be covered by the FLSA they have to meet the following requirements. Their work must be performed in the U.S. or on a U.S possession territory, a true employer-employee relationship exists, and the requirements of the enterprise/employer coverage test or individual employee coverage test must be met. (para.3, “Paychex Exempt,”n.d.).

Requirements
Exempt status, overtime, minimum wages, equal pay for equal work, child labor provisions and record requirements are the requirements of the Fair Labor Standards Act. The FLSA requires cities to: pay at least the federal minimum wage (currently $5.15/hour) to all non-exempt employees for all hours worked; Pay at least one and one-half times the employee’s regular rate of pay for all hours worked over 40 in the workweek or grant compensatory time off at the rate of one and one-half hours off for each hour worked over 40 in the workweek; pay overtime wages on the regular payday for the pay period in which the wage were earned; comply with the child labor...
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