FLSA stands for the Fair Labor Standards Act. This federal law establishes the ideas of fair labor in private business as well as federal, state and local government. FLSA also provides laws to protect children from child labor and sets standards for overtime pay for workers among other regulations.
The most notable of faction of the FLSA is the minimum wage requirement. As of September 1, 1997, the minimum wage for most workers was set at $5.15 per hour. The law was constructed to allow employers to employ individuals under the age of 20 years $4.25 for their first 90 consecutive days of employment. Allowances for employers were also made regarding full-time students, apprentices and individuals with disabilities. Employers must obtain certificates from the Department of Labor in such cases.
The minimum wage law also took into consideration tipped employees. Law states the employer must meet the minimum wage for such employees if the adjusted minimum wage plus tips do not meet the requirement.
Considerations in FLSA were also made for overtime pay. According to FLSA, workers are entitled to time and a half pay or 1 1/2 times regular pay after 40 regular work hours per week. Individuals in certain positions, including hospital workers and police and firefighters funded by public agencies are not covered under this provision due to the nature of their employment.
In addition to fair wages, FLSA also requires employers keep accurate and current records of all employees and their hours.
Children are protected under FLSA and the child labor requirements. Under FLSA, children 14 and 15 years old are restricted by the types of jobs they may hold, the time of day they may work and the amount of hours they may work. Consideration is given for summer versus school months. In addition, children of this age are not allowed to work overtime hours, even in summer month. At the age of 16, a child may work most farm jobs, but may not work hazardous jobs until the age of 18.
Employers who do not follow FLSA are subject to heavy fines. In addition, employees who are wronged by such employers are entitled to the help of the Department of Labor for recovering lost wages. It is also written in FLSA that such employees may not be terminated due to a filing against an employer.
There are certain occupations and workplaces that are exempt from certain portions of the law, including minimum wage laws and overtime pay laws.
Individual states have the right to enforce higher standards than those enforced by FLSA. At a state's discretion, the minimum wage may be higher than that deemed appropriate by FLSA. In some cases and states, the minimum wage law may be lifted.
| Nancy R says: | 2007-06-18 09:58:20 |
| What records are necessary to file a claim? | |
| Lynette Hall says: | 2007-12-04 07:50:47 |
| My problem occurred when I was released from employment at the United States Postal Service. I never took a six day break after my first six months of employment. Also, I have passed the 473-c battery examinations. So far, I have not received any response to my employment re-evaluation letters. My status of employment was titled \"casual/ temporary employee\", so therefore I have continued to hear the response from various managers that I have no rights. It has been repeatedly stated to me that as a casual employee, I should not expect to see written documentation that clarifies my position, job description, or my employment status. In the \"Personal of Notification\" ( which describes my continuation or my termination working status)letter it states that through examination testing and specific qualifications a person in my situation could be considered for full-time employment. Thus far, I have passed the examinations. Not having the six day break would make me a candidate for full-time employment.I am continuing to pursue government and other political information that would support me being reinstated. I have not been able to retrieve the FLSA manual in regards to temporary employment at the USPS. Please assist me by providing resources and answers that would justify my employment status being updated to full-time employment. Also, I would like to have the temporary employee FLSA guide for USPS workers. Thank you for your response and the documentation. | |
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