FLSA: Protecting the Rights of US Workers
The federal Fair Labor Standards Act (FLSA) regulates overtime pay, minimum wage, labor standards for children, and record-keeping which affects most full-time and part-time workers employed by private sectors and federal, state, and local governments.
Federal Wage Standards
According to FLSA, the current federal minimum wage standard is $7.25 per hour which means that nonexempt workers must not receive less than this hourly rate.
However, some states impose minimum wage which is higher than the federals’. For example, California’s wage standard is $8. In this case, employers should follow the one that provides the most benefits to their workers.
During payday, workers must receive their complete wages without any illegal deduction that covers uniforms, cost of equipment breakage (unless the worker is extremely reckless or dishonest), and cash and merchandise shortages.
In case the employers need to made legal deductions (in compliance with the federal and state laws or collective bargaining agreement), they should not reduce the wages to the extent that the workers’ wages are below the minimum standards.
Overtime Pays
Under federal law, covered workers must receive overtime pay which amounts to one-and-a-half times of their hourly rate after working for more than 40 hours per week.
However, some states like California have a law that requires employers to pay their employees who will work more than eight hours a day, regardless if their total work period will reach 40 hours in a week.
FLSA-covered Workers
Under the FLSA, covered-workers are those who are engaged in interstate commerce which includes transfer of goods from one state to another and communication with clients and vendors outside the states.
Many courts have interpreted interstate commerce as using any communication device (e.g. phones and emails) to contact someone from another state, keeping records of intestate contracts, and producing goods for other states.
Other workers who are covered by FLSA:
• Employees who are working in public agencies
• Workers employed by a business with an annual income of not less than $500,000 (excluding federal and state taxes).
• Professionals who are engaged in hospital operation, institution that provides care to old, physically-disabled, sick, and mentally-ill people, school for physically-disabled and special children, and learning institution (pre-school, primary, secondary, and college education) for average students.
Exempt Workers from Overtime Pays
• Farm workers employed by small landlords
• Domestic helper living with their employer’s house
• News editors, radio announcers, and other media practitioners
• Workers of movie industry
• Commissioned employees of retail and service companies
• Workers of air carriers, railroads, and water carriers
• Seafarers
• Some local delivery employees
Exempt Workers from Overtime Pays and Minimum Wage
• Workers of seasonal amusement and recreational establishments
• Employees of small newspapers
• Seafarers
• Farm workers employed by small landowners
• Casual baby sitters
• Individuals employed as companions to sick and old people
• Professional employees who are employed by learning institutions
• Employees in executive and administrative position who are required to make business decisions and handle other workers
• Workers engaged in fishing operation
Visit our website to help you understand minimum wage and overtime pay covered by FLSA. Dial our toll free number for legal assistance.
About the Author
Nemilou Despuez is a writer and journalist. She likes to blog, watch cooking shows, read self-help psychology books, and live her life as if everyday is the last. She admires Nelson Mandela and dreams of meeting him someday.
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