Who Is Covered Under the Fair Labor Standards Act?
The FLSA (Fair Labor Standards Act) which was also called the Wage and Hour Bill was established to protect those employee’s who were considered "non-exempt" and were subject to overtime.
This act affects most employers in both the private and public sector and protects employees against unfair wage and labor practices. The main aspect of this act protects the "non-exempt" worker from working over 40 hours in a work week and not receiving the proper pay. Any hours above 40 hours are supposed to be paid at 1 1/2 times your hourly rate.
The 2nd provision of this act is in regards to child labor. Any child must be at least age 16 or older to work in industries deemed as "non-farm" work. Any children age 14 or 15 may work outside of school, but for very limited hours and times. Children are not allowed to work in industries which are considered hazardous unless they are over age 18.
The 3rd provision under this act is in regards to the Federal Minimum Wage. Any employees which fall under the FLSA Act, must at least be paid the minimum wage as set by the Federal Government. Many states have set their own State Minumum Wage which is higher than the Federal. Employers in these states will pay their own minumum wage, but cannot go any lower than what the Federal wage is set as.
Their are a few exceptions to be noted regarding this act. Click on the link below to view the most current FLSA poster from the Department of Labor (DOL).
The Fair Labor Standards Act (FLSA) protects more than 130 million workers in more than 7 million workplaces. There are two types of coverage under the FLSA: • Enterprise coverage: If an enterprise is covered, all of the enterprise’s employees are entitled to FLSA protection. • Individual coverage: Even if the enterprise is not covered, individual employees may be covered and entitled to FLSA protections. To qualify for enterprise coverage, the “enterprise” must have at least two employees and must generate at lease $500,000 per year in business. For the purposes of the FLSA, enterprises include: • Hospitals; • Businesses providing medical or nursing care for residents; • Schools; • Preschools; and • Federal, state, and local government agencies. To qualify for individual coverage, the employee must be engaged in: • Interstate commerce; • Production of goods for commerce; • Closely-related process or occupation directly essential such production; or • Domestic service. Don’t underestim
