Understanding FLSA Laws And Regulations

By Marissa Velazquez


In 1938, the Fair Labor Standards Act was established. The latter is also simply referred to as the FLSA laws. The information defined in this Act affected all working American citizens. Although somewhat controversial when first passed, it revolutionized many aspects concerning labor and wages.

The Wage and Hours Division of the US Labor Department administered these laws and they were enforced by the federal government. Then-President Roosevelt signed the Act into law during the aforementioned year, and although several attempts were made to amend it, Congress and the Supreme Court defeated them and the law is very similar today as it was when it was first written. However, Congress has made a few small changes to these regulations over the years.

The law covers the basic workday, wages, and pay for overtime. Regulations concerning the latter may differ from state to state. However, most parts of the Act are enforced nationwide, as mentioned above.

At regular intervals, federal minimum wage is increased. However, no set pattern is in place concerning when such changes occur, or the amount of each increase. January of 2009 marked the most recent change when minimum wage went to $7.25 an hour. The former president's bill initially proposed that such increases follow a preset pattern; however, this part of the law has been changed over the years.

As mentioned previously, FLSA laws also address overtime wages, which are classified as any hours one works that exceed the standard forty hour work week. One and a half times the basic pay rate is the amount the federal government has determined to be overtime pay. Even though the original law guarantees a national standard, individual states are allowed to modify this pay to a certain extent.

Record-keeping standards were also set by the aforementioned Act. Employers must maintain records of each worker's personal information, the hours the person works, and the wages he or she receives. Companies must also track weekly and daily earnings, overtime hours, and any additions or deductions associated with the person's pay. Employers are also required to define pay periods so that each worker is entirely clear about the period of time for which he or she is receiving wages.

Standards for minors differ somewhat from those outlined for adults. For example, underage workers between 14 and 17 years of age are allowed to work a maximum of 3 hours each day, or 18 hours per week while attending school. However, when school is not in session, they are allowed to work a full 8 hour day and up to 40 hours a week. In most cases, child labor regulations prohibit individuals under the age of 14 from working, with the exception of tasks such as newspaper delivery.

FLSA laws are in place to protect American citizens from unfair labor practices. However, certain employers sometimes attempt to circumvent these regulations. For this reason, anyone who feels that he or she is being treated unfairly in a work environment, or anyone who suspects that child labor regulations are being broken, should contact the appropriate authorities as soon as possible.




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