Fair Labor Standards Act (1938)
10 July 2006Fair Labor Standards Act (1938), 29 U.S.C. §§201-219
Coverage and Prohibition: The Fair Labor Standards Act (“FLSA”) covers most employers in the public and private sectors. The Act requires, first, that covered employers pay at least the minimum wage ($5.15 an hour) to nonexempt employees; second, that covered employers generally pay time and one-half to nonexempt employees for hours worked in excess of 40 in any given workweek; third, that employees be over 18 years old to work in hazardous occupations; and fourth, that minors be above 14 or 16 years of age to work in other occupations, depending on the type of work and employer. The FLSA exempts certain executive, administrative, professional, and outside sales positions from its overtime and minimum wage requirements. In addition, certain highly compensated employees and computer-related professionals are exempt under the Act’s regulations. The Act was amended in 1985 to permit public employers to give specified amounts of compensatory time off in lieu of overtime pay. Other important amendments of the FLSA are discussed in the entries in this section for the Equal Pay Act and the Portal to Portal Pay Act, below.
Enforcement: The FLSA is administered by the Department of Labor. Suits based on violations of the Act can be brought by the Secretary of Labor or by the aggrieved employee. Criminal actions can be initiated by the Department of Justice in the case of a “willful” violation of the Act.
Remedies: The complainant can recover back pay and an equal amount in liquidated damages, if the violation was “willful.” The Portal to Portal Pay Act (see below) gives the court discretion to deny liquidated damages if the employer’s violation occurred in “good faith” and the employer had reasonable grounds to believe that it was not violating the FLSA. The Secretary may sue to enjoin violations of the Act or to enjoin the interstate shipment of goods produced by an employer that violates the Act. A prevailing plaintiff also may recover attorney’s fees. These cases may be tried before a jury under certain circumstances.
Related Regulations:
Department of Labor (“DOL”): Records to be Kept by Employers, 29 C.F.R. Part 516.
DOL: Exempt Employees, 29 C.F.R. Part 541.
DOL: Overtime Compensation, 29 C.F.R. Part 778.
DOL: Hours Worked, 29 C.F.R. Part 785.
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