Under the provision, an employer with at least two employees is subject to the Act if the employer: Has employees who are either engaged in commerce or in the production of goods for commerce, or Has employees handling, selling or working on goods or materials that have been moved in or produced for commerce by any person; and,
What is the Fair Labor Standards Act (FLSA)?
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.
What are my rights under the Fair Labor Standards Act?
The most important and most far-reaching law guaranteeing a worker's right to be paid fairly is the federal Fair Labor Standards Act (FLSA), which: places restrictions on child labor. Learn more about your rights under the FLSA and similar state laws in our wage and hour articles.
What is the Fair Labor Standards Act of 2009?
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009.
Who is covered by FLSA?
Who is Covered? (For best printout, see the PDF version .) The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.
Who was excluded from the Fair Labor Standards Act?
Executive, administrative, professional and outside sales employees: (as defined in Department of Labor regulations) and who are paid on a salary basis are exempt from both the minimum wage and overtime provisions of the FLSA.
Which of the following workers are covered by FLSA provisions?
Officially, domestic workers—housekeepers, child care workers, chauffeurs, gardeners—are covered by the FLSA if they are paid at least $1,000 in wages from a single employer in a year, or if they work eight hours or more in a week for one or several employers.
Which group of employees is exempt from the Fair Labor Standards Act quizlet?
A few employers, including small farms—those that use relatively little outside paid labor—are explicitly exempt from the FLSA. Many airline employees are exempt from the FLSA's overtime provisions. And most companions for the elderly are exempt from both minimum wage and overtime provisions.
What are the 3 main components of the Fair Labor Standards Act?
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.
Does the Fair Work Act apply to everyone?
Coverage. The Fair Work Act applies to all businesses which are 'national system employers'. A business will be a national system employer if it is an incorporated entity, such as a 'Pty Ltd' which is actually trading or if engaged in interstate trade of commerce.
Which of the following groups of employees are not covered by the FLSA?
Employees at businesses with fewer than two employees. Employees at businesses that have an annual revenue of less than $500,000 and who do not engage in interstate commerce[i] Railroad workers (covered instead by the Railway Labor Act) Truck drivers (covered instead by the Motor Carriers Act)
Which types of employees are protected by Fair Labor Standards Act minimum wage provisions quizlet?
The FLSA covers individual workers who are "engaged in commerce or in the production of goods for commerce."
Which of the following are exempt from FLSA overtime provisions quizlet?
The FLSA exempts the following types of pay from the regular rate of pay - gifts, paid time off, reimbursed expenses, discretionary bonuses, benefit plan contributions, and others. Under the FLSA, an employer may establish one workweeks required for its business requirements.
For what reason may an employer legally not hire an applicant?
It is illegal for an employer to discriminate against a job applicant because of his or her race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
Which of the following is true of an employee who is exempt from FLSA requirements?
Which of the following is true of an employee who is exempt from FLSA requirements? He or she must be salaried. Which of the following correctly describes a PPO (preferred provider organization) plan? The employee must go to a doctor on the preferred provider list.
Why is FLSA important to employers?
The FLSA regulates the minimum amount of money that employers are allowed to pay their non-exempt workers. These rules are important because they ensure that workers understand the minimum amount of money that they are guaranteed to earn.
What is FLSA exempt?
Exempt: Employees primarily performing work that is not subject to overtime provisions of the Fair Labor Standards Act. Overtime pay is not required by FLSA for exempt employees; however, the University chooses to pay overtime to exempt Non-V Class employees.
Which is not part of FLSA quizlet?
FLSA no longer contains provisions on overtime pay. Child labor protections are part of FLSA. The Equal Pay Act is an amendment to FLSA.
Which types of employees are protected by Fair Labor Standards Act minimum wage provisions quizlet?
The FLSA covers individual workers who are "engaged in commerce or in the production of goods for commerce."
Which components make up FLSA coverage?
The FLSA is the Federal law which sets minimum wage, overtime, recordkeeping, and youth employment standards. The minimum wage for covered nonexempt workers is not less than $7.25 per hour effective July 24, 2009. With only some exceptions, overtime ("time and one-half") must be paid for work over forty hours a week.
Which of the following is true of an employee who is exempt from FLSA requirements?
Which of the following is true of an employee who is exempt from FLSA requirements? He or she must be salaried. Which of the following correctly describes a PPO (preferred provider organization) plan? The employee must go to a doctor on the preferred provider list.
What is the definition of "goods" in the FLSA?
Under the FLSA, “goods” are defined as products, commodities, wares, merchandise or articles of commerce of any character, or any part or ingredient thereof. The term does not, however, include goods after they have been delivered into the actual physical possession of the consumer. This is referred to as the “ultimate consumer” exception,” and is typically used as a defense for certain businesses. The Eleventh Circuit has held that, with respect to this exclusion, the definitions of “goods” and “materials” are mutually exclusive. More importantly, the ultimate consumer exception applies only to “goods.”
What is the handling clause in Rodriguez v. Gold Star?
In the case of Rodriguez v. Gold Star, Inc., the employee asserted that his employer was covered under the “handling clause” of the “enterprise coverage prong.” According to Rodriguez, the cars he parked should be considered interstate “materials” under the
Is an individual employee covered by the FLSA?
Under the FLSA, an individual employee is protected by the Act if their job requires them to engage in commerce and the production of goods for commerce. If an individual employee is not covered, they could still be protected if their employer is a covered entity under the act’s enterprise coverage provision. Under the provision, an employer with at least two employees is subject to the Act if the employer:
What is the Fair Labor Standards Act?
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. The Wage and Hour Division (WHD) of the U.S. Department of Labor ...
Who enforces FLSA?
The FLSA is enforced by the U.S. Office of Personnel Management for employees of other Executive Branch agencies, and by the U.S. Congress for covered employees of the Legislative Branch.
How many hours can an employee work in FLSA?
Also, the FLSA does not limit the number of hours in a day or days in a week an employee may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old. The above matters are for agreement between the employer and the employees or their authorized representatives. Back to Top.
How many hours can a hospital employee work in a 14 day period?
Hospitals and residential care establishments may adopt, by agreement with their employees, a 14-day work period instead of the usual 7-day workweek if the employees are paid at least time and one-half their regular rates for hours worked over 8 in a day or 80 in a 14-day work period, whichever is the greater number of overtime hours.
What is FLSA discharge notice?
a discharge notice, reason for discharge, or immediate payment of final wages to terminated employees. The FLSA does not provide wage payment or collection procedures for an employee’s usual or promised wages or commissions in excess of those required by the FLSA.
When did FLSA stop paying overtime?
Any enterprise that was covered by the FLSA on March 31, 1990, and that ceased to be covered because of the revised $500,000 test, continues to be subject to the overtime pay, child labor and recordkeeping provisions of the FLSA.
Which act requires payment of prevailing wage rates and fringe benefits on contracts to provide services to the Federal Government?
the Service Contract Act , which requires payment of prevailing wage rates and fringe benefits on contracts to provide services to the Federal Government; the Contract Work Hours and Safety Standards Act, which sets overtime standards for service and construction contracts;
What is the Fair Labor Standards Act?
Passed in 1938, the Fair Labor Standards Act (FLSA) establishes standards for employee classification, minimum wage, overtime pay, child labor, and recordkeeping for covered full-time and part-time workers in the private sector and in most federal, state, and local government agencies. The law sought to protect employees from unfavorable work ...
Who enforces FLSA?
The FLSA is administered and enforced by the U.S. Department of Labor’s Wage and Hour Division.
What is direct care in FLSA?
According to the FLSA overtime rules, direct care workers are individuals who provide home care services, such as certified nursing assistants , home health aides, personal care aides, caregivers, and companions. As of January 2015, a DOL Final Rule concerning the FLSA mandated that direct care workers employed by agencies and other third-party employers are entitled to receive at least the federal minimum wage and overtime pay. Additionally, agencies and other third-party employers may no longer claim the overtime pay exemption for live-in domestic workers. Overtime pay for these workers is consistent with that of other workers covered by the FLSA. However, workers who act as independent contractors, employed only by those they assist or the individuals' families or households, may or may not be entitled to minimum wage and overtime pay, depending on the workers' duties.
How many hours do you have to work to be covered by FLSA?
Overtime. Under the FLSA, covered nonexempt employees must be paid at least 1.5 times their regular rate of pay for each hour worked over 40 hours in a workweek. A workweek is a fixed, recurring period of 168 hours or seven consecutive 24-hour shifts that does not necessarily correspond to a calendar week.
What are the requirements for FLSA?
Employers may have many misconceptions about the actual requirements associated with the FLSA. In fact, there are a handful of employment practices that fall outside these basic standards and are determined by the employer, a collective bargaining agreement, or state law. These include: 1 Vacation, holiday, and sick pay 2 Premium pay for hours worked beyond what is required by the FLSA 3 Frequency of payment 4 Full-time versus part-time status 5 Maximum hours worked each day or week for employees 16 years of age or older 6 Job performance measurements 7 Discharge notices and reasons 8 Fringe benefits
Why is it important to correctly classify workers?
It's critical to correctly classify your workers under applicable federal and state laws. Misclassifying workers could limit their access to critical benefits and protections they are entitled to by law , such as minimum wage, overtime compensation, family and medical leave, and unemployment insurance. Misclassifying a worker can also leave you vulnerable to expensive fines and potential lawsuits. There are several considerations that can help you determine how a worker should be classified although classification may vary depending on the applicable law or enforcing agency. Factors may include:
How many hours can you work in a 14 day period?
They may adopt, by agreement with employees, a 14-day work period instead of the traditional 7-day workweek if employees are paid at least 1.5 their hourly rate for working more than 8 hours in a day or 80 hours in a 14-day period, whichever is greater.
What Is the Fair Labor Standards Act?
The Fair Labor Standards Act (FLSA) was enacted to create two employee classifications to deal with minimum wage and overtime compensations; those employee classifications are exempt and non- exempt employees. The FLSA treats minimum wage and overtime provisions differently based on the classification of the employees. FLSA standards are not necessarily the only legal standards that will apply to employees and employers regarding the topics of child labor, overtime, and minimum wage standards.
What is the Department of Labor?
The Department of Labor strictly enforces the classification of employees as exempt or non-exempt. Thus, if you are an employer, you must take great care in ensuring that those employees that you have classified as being exempt employees do in fact meet the definition of exempt. The Department of Labor will generally require employers who have ...
What is a non-exempt employee?
Non-Exempt Employees. Those employees that do not meet the three-part test under the FLSA to be classified as exempt employees will be classified as non-exempt employees. Under the FLSA, minimum wage standards and overtime requirements have been laid out for non-exempt employees.
How many hours can an employer pay overtime?
However, employers are required under the FLSA to compensate employees with an overtime wage of 1.5x their standard wage rate for any hours worked in excess of a 40-hour work week. If, however, the employee is exempt from the overtime standards or the employee is non-exempt but works less than 40 hours per week, the employer will not be obligated to pay overtime if the employee happens to exceed eight hours in a given day or works on a weekend or holiday. The threshold remains the 40 hours per week.
How many hours can an employee work in a week?
If, however, the employee is exempt from the overtime standards or the employee is non-exempt but works less than 40 hours per week, the employer will not be obligated to pay overtime if the employee happens to exceed eight hours in a given day or works on a weekend or holiday. The threshold remains the 40 hours per week.
Why is FLSA important?
The FLSA is an important and overly broad law that provides employees with certain rights including the right to be compensated fairly.
How much is a fine for misclassifying employees?
As a strong deterrent to employers to not misclassify employees, employers can be subjected to criminal prosecution and made to pay a fine of up to $10,000 or on a per violation basis a fine of $1000 based on the employer’s intent. Most employees are classified as exempt or non-exempt employees depending on:
