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Fair Labor Standards Act (FLSA) Provisions
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Flashcards
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Recordkeeping
Employers must maintain accurate employment records, including employee's identification, hours worked, and wages earned. It impacts compliance and helps in resolving disputes over wages and hours worked.
Equal Pay
Under the FLSA, men and women in the same workplace must be given equal pay for equal work. The impact is aimed at mitigating gender pay disparities.
Enforcement
The Wage and Hour Division of the Department of Labor is responsible for enforcing the FLSA. Impact: this provision ensures compliance and has the power to recover back wages for employees.
Commissioned Sales Employees
Certain employees paid by commission in retail or service establishments may be exempt from overtime if they meet specific criteria. The impact is on the flexibility and potential earning power of these workers.
Minimum Wage
The FLSA sets the federal minimum hourly wage that employers must pay their employees. This impacts workers by ensuring a base level of income for covered nonexempt workers.
Youth Employment
FLSA sets age restrictions and working hour limits for minors to protect their health and educational opportunities. This impacts youth by limiting the types of jobs and hours they can work.
Sleep Time for Certain Employees
Employees working shifts of 24 hours or more may have a meal and sleep time excluded from paid hours, if certain conditions are met. This impacts workers who have on-call duties or are required to be at a work site for long periods.
Compensatory Time
FLSA allows public sector employers to provide compensatory time (comp time) instead of cash for overtime. The impact is that this can provide flexibility for both employees and public sector employers.
Domestic Service Workers
Live-in domestic service workers, like housekeepers, are exempt from the overtime requirement. Still, they must be paid at least the federal minimum wage for all hours worked. This impacts workers who reside where they work by changing the way their overtime is calculated.
Administrative Employees
Workers in administrative positions may be exempt from FLSA overtime rules if they perform non-manual work related to general business operations and exercise discretion and independent judgment. This impacts such workers by exempting them from certain wage requirements.
Nursing Mothers Provision
Employers are required to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child's birth. The impact allows for support of the health and bonding needs of mother and child.
Highly Compensated Workers
Workers earning a high compensation are exempt from overtime if they routinely perform at least one of the duties of an executive, administrative, or professional employee. The impact is that it categorizes certain high earners as exempt from overtime.
On-Call Time
Employees who are required to remain on call on the employer's premises or so close that they cannot use the time effectively for their own purposes are typically compensated for on-call time. This impacts workers by recognizing restrictions on their freedom during on-call periods.
Computer Professionals
Certain computer employees may be exempt from overtime if they perform specific tasks and are paid at least
Exemptions
Certain employees are exempt from FLSA overtime or minimum wage provisions, such as executive, administrative, and professional workers. The impact is that these workers do not receive overtime pay.
Tipped Employees
The FLSA permits employers to consider tips as part of wages, but employers must pay a minimum cash wage. It impacts tipped employees, ensuring they receive a base pay plus tips.
Travel Time
Under FLSA, travel time during an employee’s regular workday is compensable, but travel from home to work is not. This impacts how employees are compensated for the time they spend in transit for work purposes.
Break Time for Nonexempt Workers
The FLSA does not require employers to provide breaks or meal periods, but if they do, breaks lasting 20 minutes or less must be paid. This impacts nonexempt workers by ensuring brief breaks do not reduce their compensated hours.
Lecturers, Instructors, and Teachers
These professionals are typically exempt from overtime, provided they meet certain duties and salary criteria. The impact is that they do not receive overtime pay, reflecting the unique nature of educational responsibilities.
Overtime Pay
FLSA requires overtime pay of at least one and a half times the regular pay rate for hours worked over 40 in a workweek. It impacts employees by providing additional compensation for extended hours of work.
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