Fair Labor Standards Act of 1938

THE FAIR LABOR STANDARDS

ACT OF 1938

 

Basic Provisions/Requirements

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. Covered, nonexempt workers are entitled to a minimum wage of not less than $6.55 per hour effective July 24, 2008; and $7.25 per hour effective July 24, 2009.

The child labor provisions include restrictions on hours of work and occupations for youths under age 16, and set forth the jobs that have been declared too dangerous for youths to perform. Additionally, the Act prohibits the interstate shipment of goods produced in violation of the child labor provisions. It is also a violation of the Act to fire or in any other manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under the Act.

The permissible jobs and hours of work, by age, in nonfarm work are as follows:

● Youths age 18 or older are not subject to restrictions on jobs or hours;
● Youths age 16 and 17 may perform any job not declared hazardous by the Secretary, and are not subject to restrictions on hours;
● Youths age 14 and 15 may work outside school hours in various nonmanufacturing, nonmining, nonhazardous jobs under the following conditions: no more than three hours on a school day, 18 hours in a school week, eight hours on a non-school day, or 40 hours in a non-school week. In addition, they may not begin work before 7 a.m. or work after 7 p.m., except from June 1 through Labor Day, when evening hours are extended until 9 p.m. Those enrolled in an approved Work Experience and Career Exploration Program (WECEP) may work up to 23 hours in school weeks and three hours on school days.

Penalties/Sanctions

The Act also provides for a criminal fine of up to $10,000 upon conviction for a willful violation. For a second conviction for a willful violation, the Act provides for a fine of not more than $10,000 and imprisonment for up to six months, or both. The Secretary may also obtain an injunctio to restrain persons from further violations.

Employee Rights

The FLSA prohibits employers from engaging in oppressive child labor, as defined by the Act. The FLSA also gives an employee the right to file a complaint with the Wage and Hour Division and testify or in other ways cooperate with an investigation or legal proceeding without being fired or discriminated against in any other manner.


 

 
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ERISA LAWS
ERISA sets minimum standards for participation, vesting, benefit accrual and funding of employee retirement accounts so funds placed in those plans will be there when they retire.

ERISA FAQS
Click here for answers to frequently asked and answered Employee Retirement Income Security Act of 1974 (ERISA) Law questions.

FAMILY LEAVE ACT
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that group health benefits be maintained during the leave. Click here for info on the FMLA.

THE CIVIL RIGHTS ACT OF 1964
Makes it unlawful to refuse to hire, fire or segregate any person from the privileges of employment, because of the individual's race, color, religion, sex, or national origin. 
    
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