Who is Covered Under the Fair Labor Standards Act?

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Who is Covered Under the Fair Labor Standards Act?

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Labor laws are important to ensure fair treatment and pay for employees across the country. Many workers are covered under the Fair Labor Standards Act which was enacted in 1938. For advice and to ensure your employment rights are protected speak with an Atlanta employment rights attorney.

What is the Fair Labor Standards Act?

The Fair Labor Standards Act (FLSA) is a federal law designed to protect the rights of workers and ensure fair treatment in the workplace. It includes standards and regulations for both salaried and hourly workers. Companies that make $500,000 annually in gross sales and other business ventures must follow the full requirements of the FLSA.

The main and most notable protections that the FLSA offers include the following.

  • Minimum wage: The FLSA established the federal minimum wage that employers must abide by and pay their employees. It is currently $7.25, though states can enforce their own individual minimum wage. Employers in each state must pay their employees whichever is higher.
  • Overtime: This act also defined the work week by establishing that any hours worked past 40 hours per week must be paid at least 1.5 times their standard hourly rate. This was an important step in defining the work week and providing employees with advantages for working longer hours.
  • Child labor: The FLSA also placed restrictions on child labor in the workplace. It sets a minimum age for children to begin working (generally 14), restricts the number of hours that children under the age of 16 can work weekly, and prohibits children under the age of 18 from working in hazardous positions.
  • Equal pay: In 1963 the Equal Pay Act amended the FLSA. This act prohibits employers from engaging in wage discrimination based on an employee’s sex.

The Fair Labor Standards Act is a crucial piece in United States labor laws. Because of its establishment of a minimum wage, overtime pay, child labor laws, etc., the workplace has become a safer and more beneficial place for employees across the country.

Who is Protected Under this Law?

Although the FLSA protects a significant portion of workers in the United States, it does not cover everyone. Generally, the following groups are exempt and not protected under the Fair Labor Standards Act.

  • Seasonal workers: Small farm employees, casual babysitters, summer lifeguards, and more are all exempt from the rules of the FLSA.
  • Outside salespeople: Salespeople who generally work away from the office and make their money based on commissions are usually exempt.
  • Computer employees: Workers like software developers and engineers are exempt given that they earn $684 or more per week.
  • Tipped employees: Workers like waiters who can make tips do not have to be paid the federal minimum wage. However, if what they make in tips plus their wages does not equal $7.25 or more per hour, their employer must make up the difference.
  • Office workers: Many office and administrative workers are not covered, given that they make $684 or more per week.

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We will prosecute your case to the fullest extent possible. If you’ve been wronged by an employer in Georgia, you can count on Ben Barrett Law to fight for you.

 
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