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U.s.a. wage law

Fair Labor Standards Act of 1938

Long title	An Human action to provide for the institution of off-white labor standards in employments in and affecting interstate commerce, and for other purposes
Acronyms (colloquial)	FLSA
Enacted by	the 75th U.s.a. Congress
Effective	June 25, 1938; 83 years ago  (1938-06-25)
Citations
Public police force	Pub.L. 75–718
Statutes at Large	52 Stat. 1060 through 52 Stat. 1070 (3 pages)
Legislative history
Signed into law by President Franklin D. Roosevelt on June 25, 1938
United States Supreme Court cases
List Williams v. Jacksonville Concluding Co., 315 U.S. 386 (1942) Skidmore 5. Swift & Co., 323 U.S. 134 (1944) Brooklyn Savings Depository financial institution 5. O'Neil, 324 U.S. 697 (1945) Mitchell v. Robert DeMario Jewelry, Inc., 361 U.South. 288 (1960) Arnold v. Ben Kanowsky, Inc., 361 U.S. 388 (1960) Auer v. Robbins, 519 U.S. 452 (1997) Breuer v. Jim's Physical of Brevard, Inc., 538 U.Southward. 691 (2003) Christopher v. Smithkline Beecham Corp., 567 U.South. 142 (2012) Genesis HealthCare Corp. v. Symczyk, 569 U.Southward. 66 (2013) Sandifer five. United states Steel Corp., 571 U.S. 220 (2014) Integrity Staffing Solutions, Inc. v. Busk, 574 U.S. 27 (2014) Perez 5. Mortgage Bankers Ass'n, No. xiii-1041, 575 U.South. ___ (2015) Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, 577 U.South. ___ (2016) Encino Motorcars v. Navarro, No. fifteen-415, 579 U.Due south. ___ (2016) Encino Motorcars v. Navarro, No. xvi-1362, 584 U.S. ___ (2018) Epic Systems Corp. v. Lewis, No. 16-285, 584 U.S. ___ (2018) Parker Drilling Management Services, Ltd. v. Newton, No. 18-389, 587 U.S. ___ (2019)

Department of Labor poster notifying employees of rights under the Fair Labor Standards Act

The Fair Labor Standards Human action of 1938 29 U.S.C. § 203^[1] (FLSA) is a U.s.a. labor law that creates the right to a minimum wage, and "time-and-a-one-half" overtime pay when people work over forty hours a week.^{[two] [iii]} It also prohibits employment of minors in "oppressive child labor".^[4] It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce,^[five] unless the employer tin can claim an exemption from coverage. The Deed was enacted past the 75th Congress and signed into law by President Franklin D. Roosevelt in 1938.

Practical application [edit]

The Fair Labor Standards Act applies to "employees who are engaged in interstate commerce or in the production of appurtenances for commerce, or who are employed by an enterprise engaged in commerce or in the product of goods for commerce"^[v] unless the employer can claim an exemption from coverage. Generally, an employer with at least $500,000 of business or gross sales in a twelvemonth satisfies the commerce requirements of the FLSA,^{[half dozen]} and therefore that employer's workers are discipline to the Fair Labor Standards Act's protections if no other exemption applies. Several exemptions exist that relieve an employer from having to meet the statutory minimum wage, overtime, and tape-keeping requirements. The largest exceptions utilise to the so-called "white collar" exemptions that are applicable to professional, administrative and executive employees. Exemptions are narrowly construed, every bit an employer must prove that the employees fit "obviously and unmistakably" within the exemption's terms.

The Fair Labor Standards Deed applies to "whatsoever individual employed past an employer" simply not to contained contractors or volunteers because they are not considered "employees" under the FLSA.^[seven] All the same, an employer cannot merely exempt workers from the Off-white Labor Standards Act by calling them independent contractors, and many employers have illegally and incorrectly classified their workers equally contained contractors. Some employers similarly mislabel employees as volunteers. Courts await at the "economic reality" of the relationship between the putative employer and the worker to decide whether the worker is an independent contractor. Courts use a similar test to determine whether a worker was meantime employed by more one person or entity; usually referred to equally "joint employers". For example, a farm worker may exist considered jointly employed past a labor contractor (who is in charge of recruitment, transportation, payroll, and keeping track of hours) and a grower (who by and large monitors the quality of the work performed, determines where to place workers, controls the book of piece of work available, has quality control requirements, and has the ability to fire, discipline, or provide work instructions to workers).

In many instances, employers practise not pay overtime properly for not-exempt jobs,^{[ clarification needed ]} such as not paying an employee for travel time between job sites, activities before or afterwards their shifts, and training central to work activities.^[8] If an employee is entitled to overtime, the employer must pay them one and a half times their "regular rate of pay" for all hours they piece of work over xl in the same piece of work week.

Employees employed in a ministerial role by a religiously affiliated employer are not entitled to overtime nether the act.^{[9] [10]}

During Earth War Two, the Ground forces-Navy "E" Accolade for excellence in state of war production required maintaining the fair labor standards established under the Human activity.^[eleven]

Tipping [edit]

Nether the Fair Labor Standards Act, an employer has to pay each employee the minimum wage, unless the employee is "engaged in an occupation in which the employee customarily and regularly receives more than $30 a month in tips". If the employee's wage does not equal minimum wage, including tips, the employer must make upward the deviation.^{[12] [13]} All the same, the employee must be immune to keep all tips, either individually or through a tip pool.^[14] A tip pool may besides contain only "employees who customarily and regularly receive tips".^[15] "The phrase 'customarily and regularly' signifies a frequency which must be greater than occasional, simply which may exist less than constant."^[16]

While the nomenclature of a job championship is not dispositive, the job of "busboy" is explicitly validated for tip-pool inclusion by an authoritative source.^[xiv] "A busboy performs an integral part of customer service without much direct interaction, only he does so in a manner visible to customers. ... Thus, for a service bartender to be validly included in a tip puddle, he must come across this minimal threshold in a manner sufficient to incentivize customers to 'customarily and regularly' tip in recognition" of his services (though he need non receive the tips straight).^{[17] [18]}

Conflicts [edit]

Legislative and authoritative history [edit]

1938 Off-white Labor Standards Act [edit]

The Fair Labor Standards Human activity was originally drafted in 1932 by Senator Hugo Black, whose proposal to require employers to adopt a thirty-hour workweek met violent resistance.^[22]

In 1938, a revised version of Black'due south proposal was passed. The revised version was instrumentally supported by a number of notable people, including Frances Perkins, Clara Mortenson Beyer from the Agency of Labor Standards within the United States Department of Labor, equally well as Congresswoman Mary T. Norton.^[23] The revised proposal adopted an eight-60 minutes day and a forty-60 minutes workweek and allowed workers to earn wage for an actress four hours of overtime likewise.^[22] According to the human activity, workers must exist paid minimum wage and overtime pay must exist 1-and-a-half times regular pay. Children nether xviii cannot do certain dangerous jobs, and children under sixteen cannot work in manufacturing or mining or during school hours.^{[24] [4]} Though information technology did not cover executives, seasonal employees, and some other groups, the Fair Labor Standards Deed gave raises to 700,000 workers, and US President Franklin Roosevelt chosen it the most of import slice of New Deal legislation since the Social Security Act of 1935.^[25]

1947 Portal-to-Portal Act [edit]

In 1946, the US Supreme Courtroom ruled in Anderson v. Mt. Clemens Pottery Co. that preliminary piece of work activities controlled by the employer and performed entirely for the employer's do good are properly included as working time under the FLSA.

In response, Congress passed the 1947 Portal-to-Portal Human action, which narrowed the Supreme Court'south decision.^[26] Information technology specified exactly what type of time was considered compensable work time. In general, every bit long as an employee is engaging in activities that do good the employer, regardless of when they are performed, the employer has an obligation to pay the employee for that time. The act also specified that travel to and from the workplace was a normal incident of employment and should not be considered paid working fourth dimension.

The human action stated that employees had two years of performing the piece of work to file a lawsuit for uncompensated time.^[26] Upon signing the act, President Harry Truman urged Congress to increment the minimum wage from 40 cents per hour to 65 cents per hour.^[26]

1949 Off-white Labor Standards Amendment [edit]

The full effect of the FLSA of 1938 was postponed by the wartime inflation of the 1940s, which increased (nominal) wages to in a higher place the level specified in the Deed. On October 26, 1949, President Truman signed the Fair Labor Standards Amendment Act of 1949 (ch. 736, Pub.L. 81–393, 63 Stat. 910, 29 U.s.a.C. § 201).^[27]

The human activity defined an employee's "regular rate" of pay for purposes of computation of overtime pay.^[28] The act specified that employees were covered by the Fair Labor Standards Act if they are "direct essential" to product of goods for interstate commerce.^[28] The deed increased the minimum wage from 40 cents to 75 cents per 60 minutes, effective January 24, 1950.^[28] The human action prohibited oppressive kid labor in commerce or in the production of goods for commerce.^[28] The act also included a few new exemptions for special worker classes.

1955 amendment [edit]

In 1955, President Eisenhower urged Congress to amend the FLSA in social club to increase the number of employees who are covered by minimum wage laws and to increase the minimum wage itself to ninety cents per 60 minutes.^{[29] [30]} At the time, retail workers and services workers were non covered past minimum wage laws.^[29]

Congress passed an subpoena to the FLSA, and President Eisenhower signed it on August 12, 1955.^[thirty] The amendment increased the minimum wage from 75¢ per hour to $i per hour, effective March ane, 1956.^[30] Despite a push by some members of Congress, retail workers, service workers, agricultural workers, and construction workers were even so not required to be paid at to the lowest degree the minimum wage.^[30]

1961 amendment [edit]

The 1961 subpoena added another method of determining a blazon of coverage called enterprise coverage. Enterprise coverage applies only when the business is involved in interstate commerce and its gross almanac business volume is a minimum of $500,000. All employees working for "enterprises" are so covered by the FLSA if the private firms of the "enterprise have a revenue greater than $500,000 per year".^[31] Under the original 1938 Deed, a worker whose piece of work is in the channels of interstate commerce is covered as an individual. "Interstate commerce" is interpreted so broadly that well-nigh work is included, such as ordering, loading, or using supplies from out of state, accepting payments from customers based on credit cards issued by out-of-state banks, and so on.

The 1961 subpoena also specified that coverage is automatic for schools, hospitals, nursing homes, or other residential care facilities. Coverage is also automatic for all governmental entities at whatever level of government, no thing the size. Coverage does not employ to certain entities non organized for business, such equally churches and charitable institutions. The minimum wage level was again increased to $1.25 per hour. What could be considered a wage was specifically divers, and entitlement to sue for back wages was granted.

1963 Equal Pay Human activity [edit]

The Equal Pay Act of 1963 was enacted to amend the FLSA and make information technology illegal to pay some workers lower wages than others strictly on the basis on their sex activity.^{[32] [33]} It is oftentimes summed up with the phrase "equal pay for equal work". The Equal Pay Human activity allows unequal pay for equal work only when the employer sets wages pursuant to a seniority organization, a merit arrangement, a system that measures earnings by quantity or quality of production, or other factors exterior of sexual activity. For the first nine years of the EPA, the requirement of equal pay for equal work did not extend to persons employed in an executive, administrative or professional person capacity, or every bit an outside salesperson. Therefore, the EPA exempted white-collar women from the protection of equal pay for equal work. In 1972, Congress enacted the Didactics Amendments of 1972, which amended the FLSA to expand the coverage of the EPA to these employees, by excluding the EPA from the professional workers exemption of the FLSA.

1966 subpoena [edit]

The 1966 amendment expanded coverage to some subcontract workers and increased the minimum wage to $1.lx per hour in stages. The 1966 Fair Labor Standards Act amendment besides gave federal employees coverage for the kickoff time.^[34]

A 2021 study on the effects of the 1966 extension, which raised the minimum wage in several economical sectors, found that the minimum wages increases led to a sharp increase in earnings without any adverse aggregate effects on employment. The legislation also essentially reduced the racial wage gap.^[35]

1967 Age Discrimination in Employment Act [edit]

The Age Discrimination in Employment Act of 1967 (ADEA) prohibited employment discrimination confronting persons forty years of age or older. Some older workers were being denied health benefits based on their historic period and denied training opportunities prior to the passage of the ADEA. The act applies only to businesses employing more than twenty workers.

1974 Fair Labor Standards Amendments [edit]

The 1974 subpoena expanded coverage to include other state and local government employees that were not previously covered. Domestic workers also became covered and the minimum wage was increased to $2.30 per hour in stages.^[34]

1977 Fair Labor Standards Amendments [edit]

The 1977 amendment increased the minimum wage in yearly increments through 1981 to $iii.35 an hour.^[34] Changes were made involving tipped employees and the tip credit. Partial overtime exemption was repealed in stages for certain hotel, cabin, and eating place employees.

1983 Migrant and Seasonal Agronomical Worker Protection Act [edit]

The Migrant and Seasonal Agronomical Worker Protection Act (MSPA), enacted in 1983, was designed to provide migrant and seasonal farm workers with protections concerning pay, working conditions, and work-related conditions to crave farm labor contractors to register with the US Department of Labor and assure necessary protections for subcontract workers, agricultural associations, and agricultural employers.

1985 Fair Labor Standards Amendments [edit]

An amendment permitted state and local government employers to compensate their employees' overtime hours with paid time away from work in lieu of overtime pay.^[36] Paid time off must be given at the rate of one and half hours for each hour of employment for which overtime compensation would be required past the Fair Labor Standards Act.^[36] Other employers may not compensate employees with paid time off in lieu of overtime pay.^[36]

The amendment exempted state and local governments from paying overtime for special particular work performed by burn-protection, police-enforcement, and prison-security employees.^[36] The amendment exempted state and local governments from paying overtime to employees working in a essentially different capacity from the employee's regular full-time employment on a desultory basis.^[36]

The amendment stated that individuals who volunteer to perform services for a state or local regime bureau are not covered by the Fair Labor Standards Act if the individual receives no compensation or nominal bounty.^[36]

The subpoena stated that country and local legislative employees, other than legislative library employees, are not covered by the Fair Labor Standards Act.^[36]

1986 Amendment [edit]

In 1986, the Off-white Labor Standards Human action was amended to permit the United States Secretary of Labor to provide special certificates to permit an employer to pay less than the minimum wage to individuals whose earning or productive capacity is impaired past age, physical or mental deficiency, or injury.^[37] These employees must still be paid wages that are related to the individual's productivity and commensurate with those paid to similarly located and employed nonhandicapped workers.^[37] All the same, paying workers with disabilities less than the minimum wage was outlawed in New Hampshire in 2015, in Maryland in 2016, and in Alaska in 2018.^[38]

Section xiv(c) [edit]

Section fourteen(c) of the Off-white Labor Standards Deed states that with the approval of the Section of Labor's Wage and Hour Division (WHD) sure employers can pay employees with disabilities below the minimum wage.^[39] In lodge for the subminimum wage to employ, the disability of the worker must directly affect their productivity in their given position. The employer must show that the work of an employee with a inability is less productive than the standard fix for employees without disabilities. If canonical by the WHD, the charge per unit of pay for the worker with a disability tin correlate to their productivity in comparison to workers without disabilities.^[40] Every sixth months at a minimum, employers certified under Section 14(c) must review the special minimum wage of their hourly employees. Annually, Section 14(c) employers must also adjust the rate of pay workers receiving special minimum wages to remain comparable to that of employees without disabilities.^[41] These requirements of subminimum wage review by the employers were added to Section xiv(c) through a 1986 amendment.^[42] The intention of the section is to enable college employment for people with disabilities. The concern with enforcing minimum wage was that there would be a decrease in the job opportunities for workers with disabilities, so Department fourteen(c) is to exist utilized only as needed to offset any opportunity loss.^[41]

The majority of Section 14(c) workers are employed through piece of work centers, but these individuals likewise work through businesses, schools, and hospitals. As of 2001, 424,000 employees with disabilities were receiving the subminimum wages through five,600 employers under Section 14(c).^[39] Employers paid over l% of their workers with disabilities $2.50 per hr or less due to reduced productivity acquired by a disability.^[39] There are several proposed bills that would repeal and eventually phase out Section fourteen(c) certifications such equally H.R. 873^[43] or H.R. 582 (Heighten the Wage Act) which was passed past the Business firm of Representatives in July 2019.^[44]

[edit]

The Department of Defence force Authorization Deed of 1986 repealed the eight-hour daily overtime requirements on all federal contracts.

1989 Fair Labor Standards Amendments [edit]

In 1989, Senator Edward Thousand. Kennedy introduced a bill to increment the minimum wage from $3.35 per hour to $four.55 per hour in stages.^[45] Secretarial assistant of Labor Elizabeth Dole supported increasing the minimum wage to $4.25 per hour along with allowing a minimum wage of $3.35 an 60 minutes for new employees' starting time ninety days of employment for an employer.^[45] Secretary Dole said that President George H. Westward. Bush would veto whatsoever nib increasing the minimum wage to more $iv.25 per 60 minutes.^[46]

By a vote of 248 to 171, the House of Representatives approved a bill to increase the minimum wage to $four.55 per hour in stages over a two-year period.^[47] The neb also allowed employers to pay new employees at least 85 pct of the minimum wage during the first sixty days of employment of a newly hired employee with no previous employment.^[47] The beak too increased the exemption from minimum wage constabulary for small businesses from $362,500 to $500,000 of annual sales.^[48] By a vote of 61 to 39, the Senate approved a bill to increase the minimum wage to $iv.55 per hour.^[49] President Bush-league vetoed the bill,^[50] calling the increase "excessive".^[51] The House of Representatives unsuccessfully tried to override the veto, voting 247 to 178 to override, 37 votes short.^[52]

By a vote of 382 to 37, the Firm of Representatives approved a revised beak that would increase the minimum wage to $3.80 per hour as of Apr 1990, and $four.25 per hour as of Apr 1, 1991.^[53] The beak would allow a lower minimum wage for employees who are less than twenty years old.^[53] The beak eliminated dissimilar minimum wages for retail and not-retail businesses.^{[54] [55]} The next week, the Senate approved the nib by a vote of 89 to 8.^[56] Senators Orrin Hatch, Steve Symms, and Phil Gramm were unsuccessful at passing minimum-wage exemptions for small-scale businesses and farmers using migrant or seasonal workers.^[56] President Bush signed the bill two weeks later.^[57]

1996 Small Business organization Job Protection Act [edit]

The 1996 amendment increased the minimum wage to $five.xv an hour. However, the Pocket-size Concern Chore Protection Human activity of 1996 (PL 104-188), which provided the minimum-wage increase, also discrete tipped employees from hereafter minimum-wage increases.^[58]

2004 rule change [edit]

On August 23, 2004, controversial changes to exemptions from the FLSA's minimum wage and overtime requirements went into effect, making substantial modifications to the definition of an "exempt" employee. Low-level working supervisors throughout American industries were reclassified as "executives" and lost overtime rights. The changes were sought past business interests, which claimed that the laws needed clarification and that few workers would be affected. The Bush administration chosen the new regulations "FairPay". However, other organizations, such every bit the AFL-CIO, claimed the changes would make millions of boosted workers ineligible to obtain relief under the FLSA for overtime pay. Attempts in Congress to overturn the new regulations were unsuccessful.

Conversely, some low-level employees (particularly administrative-support staff) that had previously been classified as exempt were now reclassified as non-exempt. Although such employees piece of work in positions bearing titles previously used to decide exempt status (such as "executive banana"), the 2004 amendment to the FLSA now requires that an exemption must be predicated upon actual job function and not task title. Employees with task titles that previously immune exemption but whose chore descriptions did not include managerial functions were now reclassified from exempt to non-exempt.

2007 Fair Minimum Wage Human action [edit]

On May 25, 2007, President Bush signed into law a supplemental appropriation bill (H.R. 2206), which contains the Fair Minimum Wage Deed of 2007.^[59] This provision amended the FLSA to provide for the increase of the federal minimum wage by an incremental plan, culminating in a minimum wage of $7.25 per hr past July 24, 2009. Further, American territories including American Samoa and Puerto Rico were to prefer the mainland minimum wage in a series of incremental increases.

2010 Patient Protection and Affordable Care Deed [edit]

Section 4207 of the Patient Protection and Affordable Intendance Act (H.R. 3590) amends Section 7 to add a "interruption fourth dimension for nursing mothers" provision. It specifies that employers shall provide pause time for nursing mothers to express milk and that "a place, other than a bathroom, that is shielded from view and complimentary from intrusion from coworkers and the public" should be available for employees to express milk.^[60]

2019 rule change [edit]

On September 27, 2019, the Department of Labor released a rule setting the salary level or amount exam at $684 per week (equivalent to $35,568 per year) in order for an employee to qualify as an FLSA-exempt executive employee, administrative employee, and professional employee.^{[61] [62] [63]} In society to qualify every bit a highly compensated employee, the total annual bounty test was set at $107,432.^{[61] [62] [63]} When the Section of Labor had determined the total annual compensation, it based it on the eightieth percentile of weekly earnings for full-time salaried employees in the United states.^{[61] [62] [63]}

Proposed amendments [edit]

2009/2013 Paid Vacation Act [edit]

In May 2013, representative Alan Grayson proposed this act that would give employees paid vacation leave. It was a retry of his original deed in 2009.

2014 Minimum Wage Fairness Act [edit]

In April 2014, the United States Senate debated the Minimum Wage Fairness Human action (S. 1737; 113th Congress). The beak would take amended the Fair Labor Standards Deed of 1938 (FLSA) to increase the federal minimum wage for employees to $10.10 per hour over the class of a ii-year menses.^[64] The bill was strongly supported by President Barack Obama and many of the Democratic senators, but strongly opposed past Republicans in the Senate and House.^{[65] [66] [67]}

2015 Healthy Families Act [edit]

In January 2015, President Barack Obama asked Congress to pass the Healthy Families Act under which employers would exist allowed to give employees one hour of paid sick leave for every 30 hours they work up. This applies for up to seven days or 56 hours of paid ill leave annually instead of paying overtime to the employees. The bill, equally proposed, would accept applied to employers with fifteen or more than employees for employees every bit defined in the Fair Labor Standards Act.^[68]

2015 proposed rulemaking [edit]

On July half dozen, 2015, the Department of Labor published a Notice of Proposed Rulemaking,^[69] based on a 2014 presidential memorandum signed by President Barack Obama directing the Department of Labor to update the regulations defining which white-neckband workers are protected by the FLSA's minimum wage and overtime standards.^[seventy] On May 18, 2016, the final version of the rule was published,^[70] which would require that employees earning a salary of less than $913 per week would exist paid overtime, effective December i, 2016,^[lxx] and the threshold would be automatically adjusted every three years, kickoff January 1, 2020.^[70]

On November 23, 2016, a United States Commune estimate imposed an injunction, temporarily stopping the rule'south enforcement nationwide, in order to take time to determine whether the Section of Labor had the dominance to issue the regulation.^[71] When the Trump assistants took power in Jan 2017 they opted not to defend the rule in courtroom, leading to a summary judgement on August 31 that the rule was invalid considering the threshold was so loftier that information technology made the duties examination irrelevant, and considering the automatic adjustments provided by the rule were unlawful.^[72]

2016 Wage Theft Prevention and Wage Recovery Act [edit]

In September 2016, Democratic members of the United States House and Senate introduced the Wage Theft Prevention and Wage Recovery Act. It would have increased employer liability under FLSA suits to the amount promised by the employer, rather than the minimum wage, prohibit pre-dispute mediation agreements from precluding a merits of wage theft from court, make information technology possible to bring FLSA grade activity suits without the individual consent of workers who had their wages stolen, create automated financial penalties for violations and create a discretionary ability for the Section of Labor to refer the violators to the Department of Justice for prosecution. The nib did non make it out of committee in either the House or the Senate.^[73]

See also [edit]

• Usa labor law
• Timeline of children'southward rights in the United States
• Frank Murphy
• Second Bill of Rights
• Employment bigotry constabulary in the Usa
• Tennessee Coal, Atomic number 26 & Railroad Co. five. Muscoda Local No. 123
• Garcia v. San Antonio Metropolitan Transit Authority
• Living wage
• Minimum wage in the United States
• List of U.Due south. minimum wages
• Maximum wage
• Wage slave
• Bluish police force

References [edit]

1. ^ Pub.L. 75–718, ch. 676, 52 Stat. 1060, June 25, 1938
2. ^ Samuel, Howard (December 2000). "Troubled passage: the labor movement and the Fair Labor Standards Act" (PDF). Monthly Labor Review. Usa Bureau of Labor Statistics. Retrieved August 20, 2014.
3. ^ "History - Fair Labor Standards Human action of 1938". U.S. Department of Labor. August xv, 2013. Archived from the original on August xv, 2013.
4. ^ ^{a b} Come across 29 U.S.C. § 203(fifty) and 29 U.South.C. § 212.
5. ^ ^{a b} "Fair Labor Standards Act - FLSA - 29 U.South. Code Affiliate eight". finduslaw.com.
6. ^ "Federal Overtime Rules FAQ". dol.gov. Section of Labor. 2016. Archived from the original on October 27, 2016.
7. ^ "Off-white Labor Standards Act - FLSA - 29 U.S. Code Chapter eight". finduslaw.com.
8. ^ "Updated Federal Overtime Law means tracking time". SwipeClock. 2016.
9. ^ "Because A Kosher Supervisor Is Employed In A Ministerial Role By A Religiously Affiliated Employer He Falls Within FLSA'south 'Ministerial Exception'", Hr Comply, Ceridian, April 8, 2004
10. ^ "Shaliehsabou v. Hebrew Home of Greater Washington, Incorporated" (PDF), United States Commune Court of Appeals for the Fourth Circuit, Apr 2, 2004, archived from the original (PDF) on May 13, 2006, retrieved Apr 26, 2012
11. ^ "Ground forces-Navy Eastward Award - Miscellaneous Documents and Images". The Navy Section Library . Retrieved January 21, 2014.
12. ^ Lore, Michael. "Overtime Qualification and Exemption FAQs". Overtime FAQ. Michael D. Lore, P.C. Archived from the original on December 24, 2014. Retrieved November 10, 2014. If an employer elects to use the tip credit provision, it must inform the employee in advance and must be able to show that the employee receives at least the minimum wage when straight wages and the tip credit allowance are combined. If an employee'southward tips combined with the employer's direct wages practice non equal the minimum hourly wage, the employer must brand up the difference.
13. ^ "Minimum Wage". U.S. Department of Labor - Wage and Hour Division (WHD). July 24, 2009.
14. ^ ^{a b} § 531.54 Tip pooling. :: PART 531-WAGE PAYMENTS Nether THE FAIR LABOR STANDARDS ACT OF 1938 :: CHAPTER 5-WAGE AND HOUR Sectionalisation, DEPARTMENT OF LABOR :: Championship 29 - Labor :: Code of Federal Regulations :: Regulations :: Constabulary :: Justia. Law.justia.com. Retrieved on 2013-08-12.
15. ^ Lore, Michael. "Overtime Qualification and Exemption FAQs". Overtime FAQ. Michael D. Lore, P.C. Archived from the original on December 24, 2014. Retrieved November 10, 2014. Employees must retain all of their tips, except to the extent that they participate in a valid tip pooling or sharing organisation. A tip puddle can often be invalidated if tips are shared with managers, dishwashers, cooks, chefs or others who are not entitled to share in tips.
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26. ^ ^{a b c} Starks, Louis. "Gives His Reasons: Truman Approves Portal Suit Bar". The New York Times. May 15, 1947. p. 1.
27. ^ Leviero, Anthony. "Truman Signs Pay Ascent Nib; Drive for $1 Minimum Starts: Truman Signs Minimum Wage Neb; Drive for Rise to $ane an Hour Starts". The New York Times. October 27, 1949. p. 1.
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Notes [edit]

• Burkhauser, Richard V.; Finegan, T. Aldrich (1989). "The Minimum Wage and the Poor: The Finish of a Human relationship". Journal of Policy Analysis and Direction. Association for Public Policy Analysis and Management. 8 (one): 53–71. doi:10.2307/3324424. JSTOR 3324424.
• Grossman, J. (1978). "Fair Labor Standards Act of 1938: Maximum Struggle for a Minimum Wage". Monthly Labor Review. 101 (six): 22–thirty. PMID 10307721.
• Lechner, Jay P. (2005). "The New FLSA White-Neckband Regulations—Analysis of Changes". Florida Bar Journal. 79 (2): 20. Archived from the original on March 13, 2007.
• Mettler, Suzanne B. (1994). "Federalism, Gender, & the Fair Labor Standards Act of 1938". Polity. Palgrave Macmillan Journals. 26 (4): 635–654. doi:x.2307/3235098. JSTOR 3235098. S2CID 155777199.

External links [edit]

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• "Calculate Pay for Tipped and Non-Tipped Employees per State, Including Tip-Credit". WaitressCalc 2012. Archived from the original on Feb 5, 2013.
• "FLSA comp time".
• "Wage-Law Enforcer: 'Jaw-Dropping' Violations Demand Tougher Action". The Wall Street Journal. December 30, 2014.

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Source: https://en.wikipedia.org/wiki/Fair_Labor_Standards_Act_of_1938

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