Free Sample: Fair Labor Standards Act paper example for writing essay

Fair Labor Standards Act - Essay Example

The FALLS established a national Mullen wage, employees were promised ‘time and a half’ for overtime In certain lobs, and prohibited most employment of minor In “oppressive child labor,” a term hat Is defined In the statute as, In more or less words, extremely rigorous labor. The Amendments of The FALLS In 1946, the united States Supreme Court deemed that preliminary work activities, where controlled by the employer and performed entirely for the employer’s benefit, are properly included as working time under the Fair Labor Standards Act, and require payment just like regular working hours. This was called the ‘Portal-to-portal’ act.

This specified exactly what type of of time was deemed as payable work. In general, as long as an employee is engaging in activities that benefit the employer, sugarless of when they’re performed, the employer legally has to pay the employee for their time. It also specified that travel to and from the work place was required of employment and shouldn’t be considered paid working time, because no real benefit has come to the employer. The full scale effect of the ELSE of 1938 wasn’t really noticed during the inflation of the wartime inflation of the forties, and was known to be postponed to most people.

Due to the war, minimum wage was changed. This amendment included changes to pay, defined a “regular pay rate,” redefined the ERM “production,” raised the minimum wage from 40 cents to 75 cents per hour and extended child labor coverage. It also included a few new exemptions for special worker classes, or people who’s work directly benefited the fighting abroad. In 1 955, the FALLS was amended again, in order to Increase minimum wage, this time to one dollar per hour. The next amendment wouldn’t occur until 1961, when the an amendment added another method of determining a type of coverage called “enterprise coverage. Enterprise coverage applies only when the business Is Involved In Interstate commerce and Its total annual business value Is a Mullen of 500,000. All employees working for these “enterprises” are then covered by the FALLS so long as the Individual firms of the “enterprise” have a revenue greater than $500,000 per year. The 1 961 Amendment also specified that coverage Is already provided for schools, hospitals, nursing homes, or other residential care facilities. Coverage is also immediately provided for all governmental entities at whatever level of government, no matter what size.

Coverage does not apply to certain entities that are not organized for a business purpose, such as churches and charitable hour. Anything that could be considered a wage was specifically defined, and the ability to sue for back wages was granted. Another Amendment, The Contract Work Hours Standards Act, even though it was not a direct amendment or modification to the FALLS, became law in 1962. It replaced the confusing and often ambiguous series of “Eight Hour Laws”, which dated back to 1892, with a single, comprehensive law to govern hours of work for laborers.

The Equal Pay Act of 1963 was passed to amend the FALLS and make it illegal to pay workers lower wages strictly on the basis on their sex. It is often summed up with the phrase “equal pay for equal work”. This was a major step towards closing the wage gap in the “Men Vs. Women” conflict in the workplace. In the past, it had been generally accepted that women did not deserve to earn as much money as men because they were not heads of households. Contrary to that opinion, it was found that in many homes, women were in fact the source of income for various reasons, ranging from death or disability of a spouse, to divorce or single parenthood.

Regardless of roles in the family, the Equal Pay Act established a single standard to apply to both sexes. The Equal Pay Act allows for unequal pay for equal work only when wages are set pursuant to a seniority system, a merit system, a system which measures earnings by quantity or quality of production, or other factors outside of sex. In other words, the only way a man could be paid more than a woman was by having been working longer, by doing a more complex, or by doing a job that demanded more physical labor. The 1966 ELSE Amendment expanded coverage to some farm workers and increased the minimum wage to $1. 0 per hour in stages. This was in large part because of the efforts of labor leaders like Cesar Cave, who brought farm worker rights to national attention during this period. The 1966 ELSE amendment also gave state and local government employees coverage for the first time. The Age Discrimination in Employment Act, or IDEA, of 1967, prohibited employment discrimination against persons 40 years of age or older. Some older workers were being denied health benefits based on their age, denied training opportunities, and more or less, denied employment prior to the passage of the IDEA.

This Act is only for businesses employing more than twenty workers. The 1974 ELSE Amendment changed coverage to include other state and local government employees that were not covered prior to the amendment. Domestic workers also became covered and the minimum wage was increased to $2. 30 per hour in stages. The 1977 ELSE Amendment bumped the minimum wage up in yearly increments through 1981 to $3. 35 an hour. Changes were made involving employees paid in tips, and the tip credit. Partial overtime exemption was repealed in stages for certain hotel, motel and restaurant workers.

The Migrant and Seasonal Agricultural Worker Protection Act (MSP), passed in 1983, was designed to provide migrant and seasonal farm workers with protections concerning pay, working conditions, and work-related notations, to make farm labor contractors to register with the U. S. Department of Labor, and to assure vital protections for farm workers, agricultural associations, and agricultural employers. The Amendment to the ELSE enacted in 1985 allowed state and local government employers to compensate their employees’ overtime hours with paid time away from work (compensatory time or “com time”) in place of overtime pay.

It also included changes to ensure that true volunteer activities were repealed the eight-hour daily overtime requirements on all federal agreements. The 1989 ELSE Amendments increased the minimum wage to $4. 5 per hour in stages. The difference between retail and non-retail was eliminated. Construction and laundry or dry cleaning were no longer named as enterprises. Changes were again made to the tip credit system. A type of “training wage” was established at 85% of minimum wage for workers less than 20 years of age.

This “training wage” was also referred to as a “youth minimum wage” or “submission wage,” and could be paid for up to 90 days under certain conditions. The 1993 Family and Medical Leave Act (FEM.) provided eligible employees up to 12 weeks of unpaid, Job-protected leave for certain family and medical reasons. This was partly inspired by similar policies already in effect through most of Western Europe. The passage of this act was for a campaign promise made by President Bill Clinton during the presidential campaign of 1992, and one of the first important bills passed during his term.

The 1996 ELSE Amendment increased the minimum wage to $5. 15 an hour. On August 23, 2004, controversial changes to the Else’s overtime regulations went into effect, making huge changes to the definition of an “exempt” employee. Low-level working supervisors throughout American industries were reclassified as “executives” and lost overtime rights, and therefore losing money. These changes were sought by business interests and the Bush administration, which claimed that the laws needed change, and that few workers would be affected. The Bush administration called the new regulations “Fairway. But other organizations, such as the FALL-CIO, claimed the changes would make millions of additional workers unable to claim relief under the ELSE for overtime pay. Attempts in Congress to change the new regulations, however, were unsuccessful. On May 25, 2007, President Bush signed into law a supplemental appropriation bill (H. R. 2206) which contains the Fair Minimum Wage Act. This provision helped change the ELSE so it provided for the increase of the federal minimum wage by an plan which would rise in yearly increments, bringing in a minimum wage of $7. 25 per hour by July 24, 2009.

The Practical Application of The FALLS The Fair Labor Standards Act applies to “employees who belong in interstate commerce or in the production of goods for commerce, or who are employed by an enterprise engaged in commerce or in the production of goods for commerce”, unless the employer can claim an exemption from coverage. Usually, an employer who does at least $500,000 total value of business or gross sales in a year satisfies the commerce requirements of the ELSE, and that employer’s workers will be subject to the Else’s protections if none of the other exemptions apply.

Several exemptions exist that take away an employer from having to meet the statutory minimum wage, overtime, and record-keeping requirements. The largest exceptions apply to the “white collar” exemptions that are applicable to professional, administrative and executive employees. Exemptions are narrowly construed; an employer must prove hat the employees fit “plainly and unmistakably” within the exemption’s terms. Independent contractors or volunteers because they are not considered “employees” under the FALLS.

Still, an employer cannot simply exempt workers from the ELSE by calling them independent contractors, and many employers have illegally “mistaking” labeled their workers as independent contractors. Some employers similarly mislabel employees as volunteers. Courts will look at the “economic reality” of the relationship between the employer and the worker to determine whether the worker is an independent contractor. Courts use a similar test to determine whether a worker was concurrently employed by more than one person or entity; commonly referred to as “Joint employers. For an example, a farm worker may be considered jointly employed by a labor contractor, who is in charge of hiring, transportation, book-keeping, payment, and keeping track of hours. Meanwhile, a grower, who generally monitors the quality of the work performed, determines where to place workers, controls the volume of work available, has quality control requirements, and has the power to fire, discipline, or provide work instructions to workers.

Free Sample: Fair Labor Standards Act paper example for writing essay

Fair Labor Standards Act - Essay Example

The Issue at hand is whether the employee should be compensated for the 36 hours of overtime associated with working out and conditioning and If on call time should be mounted as overtime as well. I believe that despite the fact that being a member of SWAT requires great conditioning, the time used at the gym should not count as hours worked and thus should not be paid out as overtime. The employer most likely used the primary duty test In which they determined the primary duty of the Job Is not exercising In the gym, but rather the field work that Is done by the SWAT team.

There are five things an employer can do to ensure compliance with FALLS and avoid claims:l . Clearly Communicate That Non-Exempt Employees Will Be Paid For All Time Worked;under the FALLS, non-exempt employees are entitled to be compensated for all work that the employer allows. The argument plaintiffs make in cases is that they did not record all of their time because they did not know that they were entitled to be compensated for all hours worked.

Such a policy will give employees notice that they have a right to be compensated for their services, even if no prior approval was received for overtime. 2. Clearly Communicate That Non-Exempt Employees Must Record All Time Worked;Many cases center on the claim that management directed or otherwise reassured employees not to record all of their working hours. By enforcing a policy that non-exempt employees must record all time worked, employees will be on notice that management cannot force them to work off the clock.

The employee must report all time worked even if the hours worked are not within the normal schedule. 3. Clearly Communicate That Non-Exempt Employees Must Receive Pre-Approval For Overtime;A policy requiring non-exempt employees to obtain pre-approval of overtime allows employers to enforce a pre-approval policy for overtime that will help courage overtime work except where that work Is genuinely appropriate anted will decrease inflated claims of off-the-clock work. 4.

Clearly Communicate That Non-Exempt Employees Must Not Perform Any Work Whatsoever During Breaks, Or Else Must Record It As Working Tell;Employers should enforce a policy that non-exempt employees must entourage In any work while on breaks and that If they perform work, they must record the time for the entire break as hours worked. The rationale Is that If the employee was Interrupted and still performed work, then the employee has not truly been relieved of all duties and intended to render services throughout their break.