Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) of 1938 was characterized by President Franklin D. Roosevelt as “the most far-reaching, far-sighted program for the benefit of workers ever adopted in this or any other country”. Though the FLSA has been altered and amended on at least 43 subsequent occasions, the main principles of establishing a national minimum wage, guaranteed time and a half for overtime in certain jobs, record keeping, and combating child labor, remain in effect.
In order to help combat oppressive child labor, the FLSA placed the following restrictions: Children under the age of 18 cannot do certain dangerous jobs. In non-agricultural work, there are restrictions on the hours that children under the age of 16 can work. In agricultural operations, the FLSA prohibits the employment of children under the age of 16 during school hours.
Currently the FLSA guarantees a minimum wage of $7.25; this is much higher than the minimum wage of 40 cents that was to be established by 1945. Overtime is to be paid at time and a half for all non-exempt positions. HR Strategies can help to determine if a position is exempt or non-exempt status, and thus whether overtime pay applies.
The FLSA also requires record keeping on employment. Records that must be kept include but are not limited to:
- Employees full name
- Employees address including zip code
- Birthdate, if younger than 19
- Sex & Occupation
- Time & day the employees work week starts
- Hours worked each day and total hours worked for each work week
- Basis of which wages are paid
- Regular hourly rate
- Total daily or weekly straight-time earnings
- Total overtime earnings for the week
- Additions and deductions form the employee’s wages
- Total wages paid for each pay period
- Date wages are paid and pay period covered by payment
Some of the items not regulated by the FLSA are:
- Vacation, holiday, severance or sick pay
- Meal or rest periods, holidays off, or vacations
- Premium pay for weekend or holiday
- Pay raises or fringe benefits
To find out more about the Fair Labor Standards Act, contact HR Strategies at 770-339-0000, or visit the Department of Labor’s website at www.dol.gov.