The Fair Labor Standards Act (FLSA), enacted in 1938, is a cornerstone of U.S. labor law. It establishes minimum wage, overtime pay, recordkeeping, and youth employment standards. Whether you’re an employee or employer, understanding the FLSA is key to ensuring fair treatment in the workplace.
Minimum Wage Protections:
The federal minimum wage under the FLSA is currently $7.25 per hour, though many states and local governments have higher rates. If state and federal laws conflict, the law more favorable to the employee applies.
Overtime Rules:
Non-exempt employees are entitled to overtime pay—1.5 times their regular rate—for hours worked over 40 in a workweek. Exempt employees, such as certain salaried professionals, are not entitled to overtime.
Misclassification Issues:
Misclassifying employees as exempt or as independent contractors is a common violation. This can lead to underpayment and legal liability for employers.
Child Labor Provisions:
The FLSA restricts the hours and types of work that minors can perform. For example, children under 14 may only work in very limited jobs, and those aged 14-15 have restrictions on hours and work types.
Recordkeeping and Enforcement:
Employers must maintain accurate records of hours worked and wages paid. The Department of Labor (DOL) enforces the FLSA and can investigate and fine employers for non-compliance.
Conclusion:
The FLSA offers vital protections that shape the American workplace. Employees should know their rights, and employers must understand their obligations to maintain compliance and fairness.
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