Who is Covered Under the Fair Labor Standards Act?

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Labor laws play a vital role in ensuring workers’ fair pay and treatment in the U.S. That said, many are protected under the Fair Labor Standards Act. If you believe your employer has violated your rights, taking the necessary steps to hold them accountable is crucial. Please continue reading to learn who is covered under this federal law and how a dedicated Federal Employee Rights Lawyer can help you navigate your legal options. 

What is the Fair Labor Standards Act?

The Fair Labor Standards Act (FLSA) is a federal labor law passed in 1938 to protect workers’ rights. Essentially, it protects workers against unfair employment practices. They set our standards and regulations for both salaried and hourly workers. Any enterprise that makes $500,000 annually in gross sales and other business ventures must adhere to the requirements of the FLSA. The most notable protections that the FLSA provides include:

  • Minimum wage: While many states enforce their minimum wage laws, the FLSA establishes the federal minimum wage of $7.25 per hour. This means employers must pay their employees at least $7.25 per hour for their services. It’s important to note that in cases where employees are subject to state and federal minimum wage laws, employers must pay their employees a higher minimum wage.
  • Overtime: The FLSA defined the work week by establishing that any hours worked past 40 hours per week must be paid at least 1.5x their standard hourly pay rate. This regulation gives employees the advantage of being paid for working longer hours. However, the FLSA doesn’t require overtime pay for work on weekends, holidays, or regular days of rest unless overtime is worked on such days.
  • Hours worked: This outlines what constitutes compensable time. Essentially, it is always required to be on the employer’s premises, on duty, or at a prescribed workplace.
  • Equal pay and age discrimination: The Equal Pay Act of 1963 and the Age Discrimination Act in Employment Act of 1967 require that men and women be paid equally for equal work in the same establishment, and employees 40 years of age and older cannot be discriminated against because of their age. In other words, employers are prohibited from engaging in wage discrimination based on an employee’s sex.
  • Record keeping: Employers must maintain records outlining hours worked and wages paid.
  • Child Labor: The FLSA placed restrictions to protect children from exploitation in the workforce. These regulations set the minimum age for children to begin working and limit the hours children under 16 can work weekly. It also protects children under 18 from working in dangerous positions.

Who is Covered?

According to the U.S. Department of Labor, all employees of certain enterprises having workers engaged in interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person are covered by the FLSA. Nevertheless, while it has a broad reach, it doesn’t apply to all workers and workplaces. The following groups are exempt:

  • Computer workers
  • Independent contractors or volunteers
  • Office workers
  • Outside salespeople
  • Seasonal employees and those from nontypical industries
  • Those covered by other labor laws (railroad workers)

If you believe your employer has violated FLSA standards, please don’t hesitate to contact a skilled lawyer from Bell Law Group today, who can help safeguard your employee rights.

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