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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.
Section 13(a)(1) of the Fair Labor Standards Act of 1938 exempted "bona fide executive, administrative, or professional" employees from overtime pay requirements. [2] In determining whether an employee was exempt, the US Department of Labor and the Secretary of Labor applied a "salary-basis" test in 1940 that was not applicable to state and local employees.
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The district court denied the claims, concluding that a service advisor is a "salesman . . . engaged in ... servicing automobiles" and therefore exempt from the FLSA's overtime requirements. The Ninth Circuit reversed, citing a 2011 Department of Labor interpretive regulation stating that service advisors are not exempt under §213(b)(10)(A ...
In 2016, then-President Barack Obama asked the Labor Department to overhaul federal overtime rules and raise the salary threshold to $47,476 a year, or $913 a week. That would have roughly doubled ...
While contracts often determine wages and terms of employment, the law refuses to enforce contracts that do not observe basic standards of fairness for employees. [108] Today, the Fair Labor Standards Act of 1938 aims to create a national minimum wage, and a voice at work, especially through collective bargaining should achieve fair wages.
Wysa analyzed Bureau of Labor Statistics data to illustrate which workers will benefit the most from new overtime rules taking effect in phases this summer and at the start of 2025. The analysis ...
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]