Comp and Benefits chap.17

o Effort:

Mental or physical—the degree of effort (not type of effort) actually expended in the performance of a job

Fair Labor Standards Act of 1938 (FLSA)

covers all employees (with some exceptions) of companies engaged in interstate commerce or in the production of goods for interstate commerce. The FLSA's major provisions are: o Minimum wage o Hours of work o Child labor

• Minimum-wage

legislation is intended to provide an income floor for workers in society's least productive jobs

o Valuation discrimination

looks at the pay women and minorities receive for the jobs they perform. The Equal Pay Act makes it clear that it is discriminatory to pay women less than males when they are performing equal work (i.e., working side by side, in the same plant, doing the same work, producing the same results).

o Access discrimination

the charges of discrimination and reverse discrimination that most often make the news involve access discrimination: the denial of particular jobs, promotions, or training opportunities to qualified women or minorities.

• Title VII

the act prohibits discrimination on the basis of sex, race, color, religion, or national origin in any employment condition, including hiring, firing, promotion, transfer, compensation, and admission to training programs

Overtime and Hours of Work

• The overtime provision of the FLSA requires payment at one-and-a-half times the standard for working more than 40 hours per week

o Skill

Experience, training, education, and ability as measured by the performance requirements of a particular job

o Responsibility:

The degree of accountability required in the performance of a task.

affirmative defenses

o Seniority o Merit or quality of performance o Quality or quantity of production o Some factor other than sex

• Exemptions

o The Wage and Hour Division of the Department of Labor, which is charged with enforcement of the FLSA, provides strict criteria that must be met in order for jobs to be exempt from minimum-wage and overtime provisions.

• The Equal Pay Act (EPA) of 1963

(which is part of the FLSA) forbids wage discrimination on the basis of gender if employees perform equal work in the same establishment

o Working conditions

The physical surroundings and hazards of a job, including dimensions such as inside versus outside work, heat, cold, and poor ventilation.

Americans with Disabilities Act (ADA)

prohibit discrimination based on age and disability, respectively

Age Discrimination in Employment Act (ADEA

protects workers 40 years of age and older