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Important Facts About FLSA Laws

Sunday, January 12, 2014

By Marissa Velazquez


In 1938, the Fair Labor Standards Act was established. The latter is also simply referred to as the FLSA laws. The information defined in this Act affected all working American citizens. Although somewhat controversial when first passed, it revolutionized many aspects concerning labor and wages.

The Wage and Hours Division of the US Labor Department administered these laws and they were enforced by the federal government. Then-President Roosevelt signed the Act into law during the aforementioned year, and although several attempts were made to amend it, Congress and the Supreme Court defeated them and the law is very similar today as it was when it was first written. However, Congress has made a few small changes to these regulations over the years.

The law covers wages, the standard workday, and overtime pay. The latter regulation is sometimes overridden by specific state laws. However, most parts of the law, as previously mentioned, are enforced in all 50 states.

Although there is no set pattern to the time frame or the increases, federal minimum wage is typically raised on a regular basis. It was raised most recently in 2009 in the month of January, when it increased to a minimum of $7.25. Roosevelt's law initially proposed that these increases adhere to a specific pattern; however, this is no longer in force.

As referred to above, the FLSA laws also address overtime, which is characterized as any amount of time a person spends on the clock that exceeds 40 hours in a single work week. Federal overtime pay is defined as 1 and 1/2 the individual's standard pay rate. Although a nationalized standard is guaranteed under the initial law, individual states have the authority to modify overtime pay to a certain degree.

Record-keeping standards were also set by the aforementioned Act. Employers must maintain records of each worker's personal information, the hours the person works, and the wages he or she receives. Companies must also track weekly and daily earnings, overtime hours, and any additions or deductions associated with the person's pay. Employers are also required to define pay periods so that each worker is entirely clear about the period of time for which he or she is receiving wages.

Standards for youth workers are somewhat different under this law. For example, minors between the ages of fourteen and seventeen may work up to three hours a day, or eighteen hours a week when school is in session. However, they are permitted to work up to a forty hour week, including eight hour work days during holiday periods. Child labor laws prohibit those under fourteen from working in most cases, with the exception of newspaper routes or similar jobs.

The purpose of FLSA laws is to protect citizens of the United States from labor practices that are unfair. Unfortunately, some companies try to circumvent regulations of this kind. This is why those who feel they are being treated unfairly at work, or those who think the laws concerning child labor are being circumvented, should get in touch with the proper authorities without delay.




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