Ch. 22: The Fair Labor Standards Act

Enforcement and Remedies under the FLSA

- FLSA enforced by the department of Labor - Wage of Hour Division of the DOL performs inspections and investigations and issues rules and regulations - Secretary of Labor is authorized to file suit on behalf of employees seeking to collect wages and overtime and may also recover liquidated damages in an amount equal to the amount of wages owes - criminal proceedings for willful violations may be instituted by the Department of Justice (DOJ)

Executive Employees

- compensated on a salary basis at a rate of not less than $455 per week exclusive of board, lodging or other facilities - his or her primary duty is management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof

Administrative Employees

- compensated on a salary basis at a rate or fee basis at a rate of not less than $455 per week exclusive of board, lodging, or other facilities - secretarial staff

Professional Employees

- employee is compensated on a salary or fee basis at a rate of not less than $455 per week exclusive of board, lodging, or other facilities - prolonged course of specialization or creative/artistic performance

Three Bases of Coverage

- employees who are engaged in interstate commerce including both export and import - employees who are engaged in the production of goods for interstate commerce - all employees employed in an "enterprise engaged in" interstate commerce

Exempt Employees from Overtime and Minimum Wage Provisions

- employees whose hours of work and compensation are not stipulated by the FLSA - includes: executives, administrators, professionals, outside sales people

Outside Sales People

- making sales within the meaning of Section 3(k) of the Act - obtaining orders or contracts for services of for the use of facilities for which a consideration will be paid by the client or customer - he or she is customarily and regularly engaged away from the employer's place or places of business in performing the primary duty

Fair Labor Standards Act (FLSA) regulates:

- minimum wages - overtime pay - child labor - equal pay for equal work

workweek

- seven consecutive days; the law does not require that the workweek start or end on any particular day of the calendar week - starting day of the workweek may be changed from time to time provided that the purpose of the change is not to avoid the requirements of the law

Minimum wages

- the wage limit, set by the government, under which an employer is not allowed to pay an employee

Overtime pay

-employees covered by the FLSA are entitled to overtime pay, at one-and-a-half tiems their regular pay rate, for hours worked in excess of forty hours per workweek

National Industrial Recovery Act (NIRA)

An act designed to regulate and revitalize industry; promoted fair trade practices provided that the codes of fair competition for each industry could limit child labor

Exemptions of oppressive child labor

newspaper carriers minors hired as actors or performers in movies, radio, television or theatrical productions minors employed by parents or persons standing in the place of parents (NOT mining, manufacturing and other hazardous occupations)

Limitations on Child Labor

problems of child labor arose from the late 19th and early 20th centuries