Fair Labor Standards Act Regulations
Fair Labor Standards Act
By Chris Wolski
Texas Workplace Rights
Types of Child Labor Laws
Present Day Child Labor Laws
National Child Labor Laws
The Disadvantages of 12-Hour Work Shifts
The Fair Labor Standards Act is designed to protect the rights of workers in the United States and promote their well being. Most jobs in the country are covered by the provisions of the Act, however there are a few exemptions; some relate to the type of business in operation, others to specific types of work. First established in 1938, the Act has been amended numerous times over the years to make it more effective and applicable to changing socio-economic circumstances. Today it is administered and enforced by the Wage and Hour Division of the Department of Labor with respect to private employment.
Minnimum Wage Regulations
As of July 24, 2009, the federal minimum is $7.25 an hour for non-exempt workers, however many states have their own minimum wages, and in cases where an employee is subject to different federal and state minimum wage laws, they are entitled to the higher of the two. Texas' minimum wage is $7.25 as of 2010. A minimum wage of $4.25 an hour is permissible for employees younger than 20 years of age during the first 90 consecutive days of their employment.
Overtime Regulations
Nonexempt employees are entitled to receive overtime payment of time and a half their regular rate of pay for every hour that they work over 40 hours in a work week (Monday through Sunday). The Act does not require that overtime rates be paid for work during weekends or holidays unless you have worked more than 40 hours during that week, and it does not stipulate any maximum number of hours employees 16 or older may work in a week.
Youth employment regulations in the Act are designed to protect the educational opportunities and the health and safety of minors. Among other prohibitions, youth younger than 18 years of age may not be employed to manufacture or store explosives, drive or be an outside helper of a motor vehicle, mine, work at a log or saw mill, process meats, manufacture brick or tile, or be involved in wrecking, demolition or ship breaking operations. Fourteen- and 15-year-olds can only work specific jobs at particular times of day that don't interfere with school. With few exceptions, youth younger than the age of 13 are not permitted to work unless they are involved in film, radio or television, delivering newspapers or making crafts at home, such as holiday wreaths. As of July 19 2010 the "Final Rule" interpretations of and amendments to the child labor provisions of the Act published by the Wage and Hour Division will become in effect; these are the "most ambitious and far reaching revisions to the child labor laws (of the Act) in the last 20 years" according to the Department of Labor. All states have their own child labor standards; when different from federal provisions, "the rules that provide the most protection for young workers will apply," according to the Department of Justice.
Employers are required to keep records for each of their workers to which the Fair Labor Standards Act applies. There are 14 necessary record details listed by the Department of Labor, including the employee's full name and address, sex, occupation, time and day of the week when they start their work week, hours of work per day and week, rate of pay and total overtime hours for the work week.
Employers are required to display an official Fair Labor Standards poster outlining the provisions of the Act on the work premises where it can be viewed by employees. Posters are available free of charge and may be obtained by calling the Wage and Hour Division toll free at (866) 487-9243.
Department of Labor: Compliance Assistance -Fair Labor Standards Act
Department of Labor: Child Labor
Department of Labor: FLSA Child Labor Rules
Department of Labor: WHD Final Rules
Department of Labor: Fact Sheet 21 Record Requirements
Texas Workforce Commission; Summary of Texas Minimum Wage Act
Based in Ottawa, Canada, Chris Wolski started writing professionally for non-governmental organizations in 2007. He has written communications material for marketing firms and small businesses, and he has published articles for various websites. Wolski received a national coaching certification in 2001 and a Master of Arts in political science from York University in 2007.
Employee Rights Under the Fair Labor Standards Act
Part-time Hourly Employment Rules in Georgia
Time Worked & Labor Laws
Federal Minor Labor Law
Minimum Wage Laws in the U.S.
Employment Laws for Under 16
Workplace Law Topics
Labor Laws for 18-Year-Olds Still in High School
Salary & Overtime Laws
1 Employee Rights Under the Fair Labor Standards Act
2 Part-time Hourly Employment Rules in Georgia
3 Time Worked & Labor Laws
4 Federal Minor Labor Law