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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.
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]
(Since 1974, FLSA has contained a similar CMP provision for child labor violations.) [7] FMLA: the Family and Medical Leave Act (FMLA) entitles eligible employees to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave.
The United States Department of Labor (DOL) holds significant discretion over how the companionship exemption is interpreted and applied in the workplace. Under the DOL's current interpretation, the companionship exemption applies to most home care workers (also known as personal care assistants), allowing their employers—unless they are in a state with regulations superseding those at the ...
Smaller councils usually have three to five professionals, medium-sized councils have six or more professionals, and the largest councils may have 20 or more professionals. All professional Scouters are considered "exempt" employees according to the standards of the Fair Labor Standards Act and are salaried rather than paid by hourly wage. Most ...
Most significantly, under the MNAA, noncompetes must be given to employees with at least 10 business days notice; must satisfy specific, new consideration requirements; must be limited to 12 months, absent misconduct by the employee bound by the noncompete; and may not be used for "(i) an employee who is classified as nonexempt under the Fair ...
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]
FLSA 1938 §203(s) explicitly exempts establishments whose only employees are close family members. [123] Under §213 the minimum wage may not be paid to 18 categories of employee, and paying overtime to 30 categories of employee. [ 124 ]