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Department of Labor poster notifying employees of rights under the Fair Labor Standards Act. The Fair Labor Standards Act of 1938 29 U.S.C. § 203 [1] (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week.
These rights are found in "Section 7" (29 U.S.C. §157) of the National Labor Relations Act (NLRA, or the Act), and are often referred to as Section 7 protections. [2] Generally speaking, there is protected concerted activity when two or more employees act together to improve the terms and conditions of their employment.
However, Section 4 of the 1947 Act required that the determination of whether time spent in preliminary or postliminary activities was "work" under the FLSA was to be based solely on contract, custom, or practice. Unfortunately, the Portal-to-Portal Act was equally unclear as to what constituted contract, custom or practice.
Under Section 7(k), when overtime officially begins for firefighters varies based on their specific work period. A firefighter working a 14-day work period begins earning overtime sooner than one ...
The elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors are a set of interactive, online tools developed by the U.S. Department of Labor to help employers and employees learn more about their rights and responsibilities under numerous Federal employment laws.
If an employee does not earn enough in tips, the employer must still pay the $7.25 minimum wage. But this means in many states tips do not go to workers: tips are taken by employers to subsidize low pay. Under FLSA 1938 §216(b)-(c) the secretary of state can enforce the law, or individuals can claim on their own behalf. Federal enforcement is ...
The main law regulating child labor in the United States is the Fair Labor Standards Act.For non-agricultural jobs, children under 14 may not be employed, children between 14 and 16 may be employed in allowed occupations during limited hours, and children between 16 and 17 may be employed for unlimited hours in non-hazardous occupations. [2]
Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985), is a landmark United States Supreme Court [1] decision in which the Court held that the Congress has the power under the Commerce Clause of the Constitution to extend the Fair Labor Standards Act, which requires that employers provide minimum wage and overtime pay to their employees, to state and local governments. [2]