Flsa: Protecting The Rights Of Us Workers

The federal Fair Labor Standards Act (FLSA) regulates overtime pay, minimum wage, labor standards for children, and record-keeping which affects most full-time and part-time workers employed by private sectors and federal, state, and local governments.

Federal Wage Standards

According to FLSA, the current federal minimum wage standard is $7.25 per hour which means that nonexempt workers must not receive less than this hourly rate.

However, some states impose minimum wage which is higher than the federals. For example, Californias wage standard is $8. In this case, employers should follow the one that provides the most benefits to their workers.

During payday, workers must receive their complete wages without any illegal deduction that covers uniforms, cost of equipment breakage (unless the worker is extremely reckless or dishonest), and cash and merchandise shortages.

In case the employers need to made legal deductions (in compliance with the federal and state laws or collective bargaining agreement), they should not reduce the wages to the extent that the workers wages are below the minimum standards.

Overtime Pays

Under federal law, covered workers must receive overtime pay which amounts to one-and-a-half times of their hourly rate after working for more than 40 hours per week.

However, some states like California have a law that requires employers to pay their employees who will work more than eight hours a day, regardless if their total work period will reach 40 hours in a week.

FLSA-covered Workers

Under the FLSA, covered-workers are those who are engaged in interstate commerce which includes transfer of goods from one state to another and communication with clients and vendors outside the states.

Many courts have interpreted interstate commerce as using any communication device (e.g. phones and emails) to contact someone from another state, keeping records of intestate contracts, and producing goods for other states.

Other workers who are covered by FLSA:

Employees who are working in public agencies
Workers employed by a business with an annual income of not less than $500,000 (excluding federal and state taxes).
Professionals who are engaged in hospital operation, institution that provides care to old, physically-disabled, sick, and mentally-ill people, school for physically-disabled and special children, and learning institution (pre-school, primary, secondary, and college education) for average students.

Exempt Workers from Overtime Pays

Farm workers employed by small landlords
Domestic helper living with their employers house
News editors, radio announcers, and other media practitioners
Workers of movie industry
Commissioned employees of retail and service companies
Workers of air carriers, railroads, and water carriers
Seafarers
Some local delivery employees

Exempt Workers from Overtime Pays and Minimum Wage

Workers of seasonal amusement and recreational establishments
Employees of small newspapers
Seafarers
Farm workers employed by small landowners
Casual baby sitters
Individuals employed as companions to sick and old people
Professional employees who are employed by learning institutions
Employees in executive and administrative position who are required to make business decisions and handle other workers
Workers engaged in fishing operation