This American (Working) Life

This American (Working) Life
What is your average workweek? According to the Organisation for Economic Co–operation and
Development over sixty six percent of women and eighty–eight percent of men in America work
over 40 hours each week (4). Yet not everyone receives overtime pay. Executives, teachers,
managers and others are not required by law to receive overtime pay (U.S. Cong. Federal Labor).
These and other professions are labeled exempt from the Fair Labor Standards Act. An exempt
profession, when put on a salary, is not protected by the FLSA and can work as many hours as
required with no extra compensation. According to a new bill, S. 1747 The Computer Professionals
Update Act , legislators would extend these exemptions to other IT professions (27–31). In a ...
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There really is no reason that any law should not be clear. And it should help the poor. However, one
of the main problems with increasing exceptions to the FLSA is that if an employee is being paid the
minimum salary for an exempted worker, they are within a whisper of the poverty line.
The original language pertaining to anyone working with computers was first introduced in 1990.
An be labeled exempt one would have to be paid an hourly rate and paid no less than six and a half
times the minimum wage. In 1996 the rate was adjusted to a fixed rate of $27.63 an hour(U.S. Cong.
Small Business). It was only small decrease from the previous rate at the time. But then in 2004 the
language was further changed. While it was a small change the impact was huge. Instead of only
being exempt if you were paid an hourly rate, you could also now be exempt if you were paid a
salary (National Archives and Records 69:79). The minimum salary rate has not changed since then
and remains at 455 a week (United States. Dept. of Labor). To now be exempt as a system developer
or systems analyst you can either be paid $27.63 per hour or a salary of $455 per week. The
difference is in those wages is astounding though. At the fore mentioned hourly rate for a 40 hour
work week, you would earn $57,470.04 a year. Though if a company decided to pay the minimum
salary rate,, they would only make $23,660 a year and would receive no extra
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Fair Labor Standards Act (FLSA)
Whether the Fair Labor Standards Act (FLSA) would require Wetherford & Associates, a for–profit
advertising agency, to compensate an intern whose job duties will include researching into potential
clients and media markets, ordering and organizing supplies, relieving the receptionist as necessary,
and taking phone messages. Furthermore, whether any combination of proposed job duties would
permit the Agency to hire the intern in an unpaid capacity.
BRIEF ANSWER
Wetherford will be able to offer the unpaid internship if they make sure the intern is the main
beneficiary in the intern–employer relationship. The Eighth Circuit, which covers Missouri, has
previously applied the primary beneficiary rule. Under the primary beneficiary rule, Wetherford ...
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Currently, there are no statutory or regulatory guidelines specifically designated for the
consideration of the relationship between an employer and an intern. Even when courts have not
been consistent in applying the FLSA six–factor test or Walling v. Portland Terminal Co., our client
will be able to offer the unpaid internship by acting in good faith, having in place an unpaid
internship letter and signing an arbitration agreement.
The FLSA's six–factor test has provided a guidance to determine whether an intern or trainee is
entitled to minimum wage and overtime compensation under the FLSA for services he provides to a
for–profit employer. The factors are:
1. The internship, even though it includes actual operation of the facilities of the employer, is similar
to training which would be given in an educational environment;
2. The internship experience is for the benefit of the intern;
3. The intern does not displace regular employees, but works under close supervision of existing
staff;
4. The employer that provides the training derives no immediate advantage from the activities of the
intern; and on occasion its operations may actually be impeded;
5. The intern is not necessarily entitled to a job at the conclusion of the internship;

Labor Law and Human Capital
Labor Law and Human Capital Management Patti L. Jolicoeur Human Resource Management in the
21st Century HRM5004 – u03a1 October 30, 2010 Theresa Pavone Abstract There are many laws
and regulations affecting HR Professionals and labor in the workplace. The U.S. Department of
Labor oversees these and ensures organizational compliance. The relationship of labor laws and
human capital management is a balance of analyzing workforce strengths and vulnerabilities and
risk management to support an organization in meeting goals and objectives and minimize the
hazards and shocks along the way. * (3 points) Labor Laws and Human Capital Management in
Manufacturing The Manufacturing sector comprises establishments ... Show more content on
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Typically companies pick the weekend as the beginning and end of a workweek. The FLSA only
cares that if an individual works over 40 hours within the set workweek, the person receives time
and one–half pay. Some companies offer employees more than time and one–half on Saturday or
Sunday, but this is not a FLSA requirement for employers. This discussion is addressing federal law,
but a number of states have specific labor laws that require overtime pay for work over eight hours
on any day. In order to avoid the cost of paying overtime, employers will incorrectly categorize
workers as exempt or an independent contractor (Julien, 2009). Employees are often given inflated
managerial titles, but they actually perform non–exempt duties and are entitled to be paid overtime.
A job title is irrelevant, daily job duties are what really matter; employees having the same title may
not have the same classification depending on individual position requirements. Placing an
employee on salary and providing an impressive label does not excuse a company from wage and
hour laws. An independent contractor is determined by the control an employer has over when,
where, and how the work is performed; the more control, the more likely the person will be an
employee. Positions must be analyzed individually for a correct classification assessment.
Relationship of Labor Laws and HR The focus of an

Legal, Safety, and Regulatory Issues Essay
Legal, Safety, and Regulatory Issues
HCS 341
April 4, 2011
Abstract
Legal, Safety, and regulatory issues all have a large impact on the human resources process as they
relate to the statement "Common sense and compassion in the workplace has been replaced by
litigation." In today's society litigations seem to be an increasing greatly, and administrators do their
best to create human resources processes that avoid any possible litigations on them and or their
organization.
I completely agree with the statement "common sense and compassion in the workplace has been
replaced by litigation." There has been an extremely large increase in the number of employees who
either sue or attempt to sue an organization and often out ... Show more content on Helpwriting.net
...
For this reason there are many employee–related regulations that have been created including but
not limited to workers' compensation laws, the social security act, Wagner Act, Fair Labor
Standards Act, Taft–Hartley Act, Landrum–Griffin Act, Equal Pay Act, Title VII of Civil Rights Act,
Executive Order 11246, Age Discrimination in Employment Act, Employee
Retirement Income Security Act, Vietnam–Era Veterans Readjustment Act, Pregnancy
Discrimination Act, Job Training Partnership Act, Consolidated Omnibus Budget Reconciliation
Amendment and Reemployment, Immigration Reform and Control Act,
Worker Adjustment and Retraining Act, Drug–free Workplace Act, Americans with Disabilities Act,
Civil Rights Act, Family and Medical Leave Act, Uniformed Services Employment and
Reemployment Rights Act, Health Insurance Portability and Accountability Act, Pension Protection
Act, Brynes Antistrike breaking Act, Coral mine health and Safety Act, Employee Polygraph
Protection Act, Immigration Act of 1990, Norris–La Guardia Act, Older Workers Protection Act of
1990, Railway Labor Act, in addition to many other employee related regulations that I have not
listed. The Department of Labor, the United States Equal Employment Opportunity Commission,
the Americans with Disability Act of 1990, and the Department of Homeland Security are a few of
the best known employee–related regulations that were created to ensure that the employees are
treated

Fair Labor Standards Act Research Paper
Introduction In the history of the United States many laws have been established. These laws serve
as guidelines of behaviors that are acceptable and unacceptable in society. The Fair Labor Standards
Act is considered to be an important law because it affects employers and employees in the private
sector, Federal, State and local government. It sets labor standards that employers must abide and
comes with severe penalties if employers are investigated and found guilty of violating this law.
Overview of Legislation On the 25th day of June 1938, President Franklin D. Roosevelt signed 121
bills into law. One notable law the president signed was the Fair Labor Standards Act also known as
the Wage and Hour Law. This law went into effect months

Fair Labor Standards Act 1938
Background President Franklin D. Roosevelt signed 121 bills on Saturday, June 25, 1938 to avoid
pocket vetoes 9 days after Congress adjournment. A landmark law in the nation's social and
economic development was among those 121 bills. This bill was titled Fair Labor Standards Act of
1938. The minimum hourly wage was set at $0.25, and the maximum work week at 44 hours.
President Roosevelt also warned the day before the signing to not let any executives with a
$1000.00 a day income cry catastrophe; that an $11.00 a week wage will have a disastrous effect on
the American industry (1938). Oddly, a well–known news commentator made almost the exact
response forty years later as President Roosevelt. That same emotion can be felt today when it
comes

Wages and work hours are regulated in employment. Wage and hour is usually controlled by the
U.S. Department of Labor at the federal level. Over time and minimum wage are some of the things
established under wage and hour law. Wage and hour law that's set at the federal level is done by the
Fair Labor Standards Act (FLSA). However, other factors can impact the minimum wage. Wage and
hour laws can differ from state to state and even city to city. A vote to create a "living wage" has
been a popular idea in many cities. $7.25 per hour is the federal minimum wage currently.
Employees who work more than forty hours a week get paid overtime. FLSA standards require
overtime pay to be one and a half times the regular pay rate. In 2016 the Department ... Show more
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In 1990 the Americans with Disabilities Act (ADA) came into law. This law protects people with
disabilities by preventing discrimination in all aspects of public life. The Americans with disabilities
Act allows people with disabilities to have the same opportunities and rights as everyone else. The
ADA gives Americans with disabilities employment rights just as any other employee would.
Discrimination regarding hiring, firing, pay, and other aspects of employment are prohibited.
Harassment of disabled employees is also illegal. Employers must also provide accommodations to
the employee. An accommodation would be a change in the work enviroment so that the disabled
employee can perform his or her job duties properly. For example, an employer making his
workplace wheelchair accessible for his employee in a wheelchair. However, employers do not have
to provide accommodations to employees if it causes too much hardship upon the employer. This
would occur if the accommodation is too expensive or difficult to get done. People fall under the
category of disability by three main ways: If the person has a physical or mental condition that
affects life activates, if the person the person has a history of a condition or a condition that is not
transitory. The ADA also limits employer's interviews when asking job applicants medical
questions, taking medical exams, or indentifying a

FLSA Outline
What is the Fair Labor Standards Act? Why was is the Fair Labor Standards Act started? What are
the new Fair Labor Standards Act laws? Historically, labor laws were viewed as revolutionary.
Today, the general public is not knowledgeable of the recent changes in labor laws. What is the Fair
Labor Standards Act? The Fair Labor Standards Act is better known as the FLSA. The FLSA
established a maximum hour work week, a minimum wage pay, overtime pay, and child labor laws.
Many people are aware of the basic FLSA parts but big changes have come. Who started the FLSA?
William B. Wilson was the first person to take a step toward work regulation and improvement. He
set into motion a Child Labor Act, the La Follette Seaman's Act, and the Adamson Act. ... Show
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The FLSA today still follows the same principles as it did in the 1930's, it just has a few changes
and additives. Today the FLSA has set the minimum wage at $7.25 an hour. The old FLSA overtime
eligibility pay was a yearly salary less than $23,660 but newly, you are eligible for overtime pay if
you make less than $47,476 a year. The original FLSA stated that to earn overtime commision, you
had to work over thirty–five to forty hours in a week but now the law is strictly over forty hours a
week. How will the new FLSA laws affect you? If you are making $47,476 a year or less, the new
FLSA laws require your employer to pay you overtime after you work over forty hours in a week. If
you are making over $47,476 a year you will not be paid overtime because your are considered
overtime exempt. Being overtime exempt means you make enough money for your employer to
legally not pay you overtime. What effect will the new FLSA laws have on American businesses?
"If you are an American business that has two employees and is considered an enterprise, if you are
a business or organization that has an annual volume dollar of sales or receipts of $500,000, if you
are a hospital or business providing medical services or nursing care for residents private or public,
if you are a private, public, for profit, or nonprofit school, if you are a state or federal agency, you
are required to pay overtime to employees whose yearly wage is less than $47,476 a year."(Adecco

The Gender Pay For The Workforce Ever Since The Fair Labor...
According to Kim (2015), there has been a great deal of change to the workforce ever since the Fair
Labor Standards Act of 1938 was enacted. Since this time, there has been a huge influx of women
entering into the job market, where there had not been prior to the law. This meant that during the
time of the laws creation there had not been near the women receiving pay for their services like
there were in the years to follow. To help modernize this change amendments needed to be added
and this included the Equal Pay Act of 1963. This Act made it mandatory for employers to offer
equal pay to both men and women who perform equal work (Kim, 2015, p. 648). However, since
this law has been created there has been an ongoing problem with making sure it is being followed
and still today there is a gender pay gap. The American Association of University Women (2014),
describe the gender pay gap to be the difference in men's and women's average earnings. These
differences are typically stated as either an actual pay gap or an earnings ratio among men and
women. To calculate an earnings ratio, one needs to obtain the average wage earned by women and
divide that number by the average wage earned by men. To see whether there is an actual pay gap,
one needs to take the average wage earned by men subtract the average wage earned by women and
then divide that number by the average wage earned by men. The Department of Labor in 2012
reported the pay gap in average weekly earnings to be that

The Most Dangerous Industry Of The United States
In the year 1870, 739,164 children between the ages of 10 and 15 were employed in the United
falling just short of 20 percent of the workforce. Thirty years later in the 1900 census, two million
children were working in mills, mines, fields, factories, stores, and on city streets across the United
States. But with increasing numbers of children being put into the workforce, the conditions in
which they worked rapidly declined. Such rapidly declining conditions were due to "compulsory
education laws, massive inflows of inexpensive immigrant labor, and technological innovations
such as the widespread use of telephones instead of messenger boys." Primarily being employed in
the farming, factories, and transportation, industrial safety became a major issue. Around 1900,
industrial jobs caused approximately 30,000 deaths and 1 million injuries per year, and factory
owners seldom took any responsibility. The most dangerous industry was amongst the railroads
where "Fires, machinery accidents, train wrecks and other misfortunes were common." Because
such a large portion of the work force was made up of children, the formation of "the child–saving
movement" began, and started to gain some national momentum. The first state to enact any sort of
child labor law was Massachusetts in 1836, which required children under the age of 15 working in
the factories to attend at least 3 months of school out of the year in order to be employed. As of
1890, only 21 states had enacted any

Federal Fair Labor Standards Act Case Study
ARGUMENT Appellee violates the federal fair labor standard acts by designating an employee as a
"manager" who is entitled to overtime pay when that employee's primary job responsibilities do not
require supervising other employees or exercising independent judgment, but do require day to day
maintenance activities as well as retail sales.
Appellant, Mr. Bubbenmayer was working at BOCA BARGOONS OF MELBOURNE as a
"manager" until the time his employment with appellee ended. Under the Fair Labor Standards Act
he should have been paid at one–and–a–half–times his regular hourly rate for all hours in excess of
forty (40) per week but appellee, Boca Bargoons of Melbourne wrongfully misclassified Appelant,
Chris Bubbenmayer as overtime exempt ... Show more content on Helpwriting.net ...
§ 541.100(a).
This court has recognized the "Supreme Court's admonition that courts closely circumscribe the
FLSA's exemptions. Nicholson v. World Bus. Network, Inc., 105 F.3d 1361, 1364 (11th Cir.1997)
(citing A.H. Phillips, Inc. v. Walling, 324 U.S. 490, 493, 65 S.Ct. 807, 89 L.Ed. 1095 (1945).
Mr. Bubbenmoyer's work at the Melbourne store did not satisfy the three of the four elements of the
administrative exemption. And these are the three reasons why we believe that lowers court decision
is negligent and has to be reversed.
1) APELLANT'S "PRIMARY DUTY" WAS NOT THE ENTERPRISE IN WHICH THE
EMPLOYEE IS EMPLOYED OR OF A CUSTOMARILY RECOGNIZED DEPERTMANT.
Appellant spent most of his time selling fabric to Boca Bargoons's customers, spent a significant
amount of time performing manual repair and maintenance work in the Melbourne store.
Additionally, Mr. Bubbenmoyer spent a significant portion of his work days assisting customers,
cashing out customers, merchandising fabric,

Fair Labor Standards Act Analysis
The Fair Labor Standards Act was established in June of 1938 in order to protect workers from
abuse, overworking, and child labor as well as to ensure that employees are at least making
minimum wage (Perez, 2015). The FLSA is always being tweaked and updated in order to keep up
with the ever changing world. It was updated numerous times for minimum wage in order to allow
citizens to attempt to become part of the middle class, then updated again to distinguish how many
hours are allowed in the work week as well as equal pay for women (Perez, 2015). All together this
act was put in place to protect and aid the working class and to allow them what is right and fair.
One major aspect of the Fair Labor Standards Act as of December 2016 is the overtime

Fair Labor Standards Act of 1938 (FLSA)
For centuries, there has been a common relationship between employers and employees. Over the
course of that time, the workplace and the jobs within it have evolved as new jobs were created,
ways to execute tasks became more advanced and laws were enacted to put into place fair
employment for those in the workforce. In 1938, congress would pass and President Roosevelt
would sign the Wages and Hours Bill, more commonly known as the Fair Labor Standards Act of
1938 (FLSA). This federal statute introduced a 44 hour, seven day work week, established the
national minimum wage, guaranteed overtime pay in specific types of jobs at a rate of "time and a
half", and it defines oppressive child labor, which prohibits most employment of minors. The FLSA
applies to those employees engaged in interstate commerce or in the production of goods for
commerce, unless the employer can claim an exemption from coverage. The Fair Labor Standards
Act was first developed by Hugo Black, a senator from Alabama, in 1932. Senator Black saw a
problem that existed with people in the workforce being overworked and underpaid and wanted to
provide a solution. President Franklin D. Roosevelt was a strong supporter of this effort and stood
behind Senator Black. According to President Roosevelt, the FLSA was "the most far–reaching, far–
sighted program for the benefit of workers ever adopted in this or any other country." During this
time, workers in several different industries were faced with

The Pros And Cons Of The FLSA
The Fair Labor Standards Act was drafted by Senator Hugo Black of Alabama and signed into law
in June 1938 (US History, n.d.). Basically this act emphasized that there be a mandated 40 hour
work week with a starting wage of at least 25 cents per hour with the strict restrictions for the use of
child labor. The fair labor standard act was established to ensure that employees are given a
minimum wage which was set forth for states due to overtime, child labor laws, and overtime for
employees. This gives employees the opportunity to work for wages which are not below the
standards which have been established by Congress. Prior to this act taking place there were no
regulation for the employment of workers to include children and the safety ... Show more content
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The act also ensures that all employers are obeying regulations set forth by the FLSA with wages
and for those whom are in violation there will be a penalty or civil actions placed upon them. One of
the main factor associated with the FLSA is that it protects the rights of minors working ensuring
that they are allocated only so many working hours per week, and setting an age restriction for those
whom are legally able to work within the United States from the age of 10 to 16 years of age. This
provision provides guidelines as to the amount of hours they may work during a school week and
weekends. By doing so this places employers at a restriction from trying to work our youth as if
they are full time adults. The act also covers those whom are have not received their high school
diploma as well as those whom are in the eighth grade whom spend time during the week in some
sort of training with basic skills as well as remedial classes (DOL, 2004). In such instances the
employer must pay the individual their normal wages for participating in such training classes
without being held responsible for paying those students at an overtime

Analysis Of OSHAAnd FLSA
Employment Law
Throughout this paper you will get a brief summary over Occupational Safety and Health
Administration, as well as the Fair Labor Standards Act. Through professional experiences I have
ran into many violations regarding unsafe work environments, retaliation, and not receiving the
correct pay. Title VII, as well as OSHA prohibits retaliation against any employee, who has filed a
complaint. The Lily Ledbetter Fair Pay Act of 2009 gives employees the chance to file a complaint
of unfair pay, in hopes to receive their lost wages. As one may recognize these violations come with
many ethical issues such as, not putting employee's safety first, not paying employees, and leading
people to find the company as being untrustworthy. ... Show more content on Helpwriting.net ...
According to The Wage and Hour Division (2016) The Fair Labor Standards Act (FLSA) establishes
minimum wage, overtime pay, recordkeeping, and child labor standards affecting full–time and
part–time workers in the private sector and in federal, state, and local governments. The FLSA
requires employers to pay employees on a regular payday, in relation to the work period. Employers
must pay employees all hours worked per work week, without averaging or moving hours to
minimize overtime pay, each week stands alone. The Wage and Hour Division (2016) states
overtime must be paid at a rate of at least one and one=half times the employee's regular rate of pay
for each hour worked in a workweek in excess of the maximum allowable in a given type of
employment. Where violations exist in relation to overtime pay or minimum wage enforcement
through legal remedies go into effect, allowing employees to get paid back for their loss of wages,
or liquidated damages.
OSHA and FLSA Relationship to Professional Experiences
Working in the health care field there are many scenarios where OSHA may be violated. Prior to
moving to Colorado I worked as a Radiologic Technologist in a private Orthopedic Clinic. Working
in Ortho, we saw many patients who were no weight bearing. With that being said we had to get the
patients over to our x–ray table in order to complete certain exams. We did this

Child Labor And Its Effects On Children
Child Labor in Early 20th Century raised moral, ethical, and conflict on the impact of the working
conditions children were under and how to persuade the American people to take a stand against the
issues. No laws were developed for working children and a federal reform needed to develop
reversing the conditions, instill the safety of children workers, and their future. In order to open the
eyes to the American people it took activists, journalists, and general population to prove working
conditions was unfit.
Background
Child Labor by definition is employment in which harms children, deprives of their childhood and
youth, interferes in their ability to gain a proper education, harmful, morally dangerous and has
mental and physical ramifications. Many American's called child labor "child slavery", not only did
it deprive children of an education but it also robbed them of a proper education and condemned
them to illiteracy in their future.
The leading cause of child labor is linked to economics, poverty stricken families, and the necessity
of children contributing to their family's income. Children were faced with the realization if they
didn't contribute to the family's income they could find themselves without food or proper housing
in order to keep their families safe. (Gale, 2008) As industrialization developed in the late 1700's
and early 1800's transformed the way businesses were operated, workers moved from their own
home workshops and farms into working at

Essay on Human Resources Analysis
Human Resources Analysis
Savannah Hayes
SEC 370
Debbie Travis
Human Resources Analysis In the United States there are many labor laws that the cooperate world
must up hold by, these laws seem complicated but are actually quite simple once you break them
down. For instance, the Fair Labor Standards Act (FLSA) of 1938, as amended, provides for
minimum standard for that of both wages and overtime entitlements by employees, and spells out
the administrative procedures that needs to be taken by which covered all work time must be
compensated for. FLSA also includes provisions related to child labor laws, equal pay, and portal–
to–portal activities (U.S. Office of Personnel Management, 2009). Most Illinois employers are
covered ... Show more content on Helpwriting.net ...
The employees in Illinois are classified as non–exempt and receive hourly wages and then some are
classified as exempt, exempt employees are compensated by the means of annual salaries. The Fair
Labor Standards Act is administered and regulated by the United States Department of Labor's
Standards Administration's Hour and Wage Division. However, the Illinois Department of Labor
provides the following exempt and non–exempt employees... Non–exempt employee's duties consist
of driving vehicles, operating machinery, repairing equipment, bookkeeping, cashier work, food
service and preparation, delivering merchandise, and so on. Now those exempt employees duties
consist of items such as scheduling employees, hiring and firing employees, formulating personnel
policies, determining credit policies, determining staffing levels, assessing employee performance,
making company investment decisions and so on. As for the non–exempt employees in Illinois are
covered by the Fair Labor Standards Act that requires employers to pay employees who are not
otherwise exempt at least the federally known minimum wage and overtime pay of one–and–one–
half–times the regular rates of pay. However, for those of nonagricultural operations, it comes to
restrict the hours that children under the age of 16 years–old can work and forbid the employment of
children under the age of 18 years–old in certain jobs that are and maybe deemed too dangerous for
them to handle.

Legal, Safety, and Regulatory Requirements Paper
HCS 341
The workplace is a delicate environment filled with different personalities types. These differing
needs of feeling safe and comfortable create many challenges in the workplace. The creation of the
Human Resource Department has helped create a safety net for all employees to fall under and
create a stable environment for employees to feel safe and secure. Regulations such as Equal
Employment Opportunity Commission and the Department of Labor have in some ways removed
the common sense and compassion in the workplace and replaced it with litigation. The effect of
these regulations have balanced the workplace and created a more ... Show more content on
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The United States Department of Labor (DOL) has a mission to protect the welfare of wage earners,
job seekers, and retirees. They also improve working conditions and ensure work–related benefits
and rights. The DOL has many laws and reregulation's protecting workers that range from the Fair
Labor Standards Act, which sets standards for wages and overtime pay, to the Occupational Safety
and Health Act, which focuses on workplace safety and health. With the wide range that the DOL
has employees can feel that they have standards in place to ensure fair pay, fair treatment, and a safe
environment to work in. Without the enforcement of the DOL corporations are left to establish pay
and safety standards internally. In a business atmosphere where the importance of profit is often
placed before the employees, an environment without laws and regulations can be dangerous. An
example can be seen in other countries where labor laws are not in place compassion and common
sense also seem to be absent. In these areas workers, many times children often works long hours
for little pay. Sadly it has been shown that when corporations are unregulated the importance for the
fair treatment of employees takes a less important role. The faith in corporate America has been
somewhat fragile with the knowledge of many corporate wrongdoings like the Enron scandal, recent
financial buyout, and the ethical issues with bonuses for executives. Dipankar (2008) has a theory
that

Fair Labor Standards Act Of 1938 (FLSA)
Introduction
In the 1930's a huge factor lead to the passage of income continuity, the Great Depression. During
the Great Depression scores of businesses failed, and many workers became chronically
unemployed (Martoccho, 2015). The Great Depression brought the demise of smaller businesses
and forced many to work in the larger factories. Subsequently, these conditions lead to the passage
of the Fair Labor Standards Act of 1938 (FLSA). Since 1938 the federal government has broadened
the scope of the FLSA in 1947 twice through the passage of two acts: Portal–to–Portal Act of 1947
and the Equal Pay Act of 1963 (Martoccho, 2015). These acts are depicted to address the child labor
provisions, minimum wage, and overtime pay.
In 1963 Congress enacted

Minimum Wage Laws And Labor Unions
In 1938, the Fair Labor Standards Act was created to establish a minimum federal wage to serve as a
standard wage to reduce poverty and to secure economic growth is shared across the workforce.
Today minimum wage is far below its historical levels and loses its value every year due to
inflation. The minimum wage workforces are living close to poverty levels, and insist on the
government raising the minimum wage. Sometimes the fight to raise the pay for workers goes
unnoticed or unheard, so a labor union is formed. With a bargaining union handling the employee's
best interest, the workers usually improve their wages and quality of life. In this paper we will
discuss minimum wage laws and labor unions. Minimum wage is defined as the lowest wage
payable to an employee in general or to designated employees as fixed by law or by inion
agreement. This wage is compensation created as a reward that is reasonable to the employer and
the employee alike. Patton suggests that in compensation policy there should be seven criteria for
effectiveness. Compensation should be adequate, equitable, balanced, cost–effective, secure,
incentive–providing, and acceptable to the employee (Konopaske, 2013), although the government
directly affects minimum wage compensation through wage controls and guidelines. Government
laws are established to prevent discrimination. In 1938 the Fair Labor Standard Act (FLSA) was
created to counteract the abuses production line workers encountered in

Fair Labor Standards Act: A Case Study
After reading up on the Fair Labor Standards Act, I would agree that Jane's position should be
classified as exempt. The U.S. Department of Labor Wage and Hour Division quantify the
classification of executive exemption. Among these requirements are the employee must be
compensated above minimum wage. Jane is paid more than other associates so we make the
assumption that Jane is paid more than $455 weekly based on a 2010 finding that the average annual
salaried employee was $44,283.30 (Martocchio, 2013). This breaks down to approximately $923
weekly. The employee's primary duty must be managing the business. Jane runs the floor and can
make decision on behalf of the company giving her a hand in running the business. Another
requirement is

Fair Labor Standards Act Case Study
The Fair Labor Standards Act (FLSA) addresses issues of overtime, pay child labor, and minimum
wage. Also per the FLSA, it is required of employers to properly classify employees as either
exempt or non–exempt, based on the primary duties and responsibilities of the position. Keeping in
mind that the title of the position has no bearing on determining the classification. Now, it is
common knowledge that companies find ways to classify employees as exempt, to avoid
compensating for overtime. Overtime pay is a requirement of FLSA that is costly, in that employers
are required to pay time and a half for hours worked over 40 hours in a work week, in addition to
regular pay. This not only affects expenses but productivity as well. Take for example a nonexempt
employee who does not ... Show more content on Helpwriting.net ...
Next, when reviewing this scenario, it is evident that Amy should consider where the shift leaders
spend the majority of their time, as well as the tasks that are completed during a shift. While it is
proven that Jane spends most her time working as an associate, Amy should also evaluate her rate of
pay. There is a disparity in that the rate of pay for shift leaders is closer to the pay of associates
rather than the pay of assistant managers. Lastly, an evaluation of the decision making limitations
for shift leaders should be conducted. Although shift leaders are directly involved in the process, no
decisions can be made at their level, which in conjunction with all other elements of the
responsibilities of shift leaders, provide evidence that they are classified incorrectly. Equally
important, the Department of Labor has issued guidance as to the interpretation of the Fair Labor
Standards Act exemptions but it is a narrow

The Fair Labor Standards Act
In general the Fair Labor Standards Act (FLSA) has set a general rule that allows minor as young as
14 years of age to work. Of course there are limits to the amount of hours worked. The military
requires a minimum age of 17 with parents consent to join. Wow a 17 year old can be allowed to
carry and M16 A4 rifle and fight for his/her country. But the National Basketball Association wants
to up the age to 20 years old. Adam Silver is the National Basketball Association commissioner and
he is wanting to raise the age that player can enter the league from 19 to 20. Doing so would stop
many college players from leaving school after one year. He has been quoted as saying "I believe
and continue to believe it will be in the best interest of the league. I think that the extra year in
college will be a benefit for these young men to grow and develop as people and basketball players"
(Reyes, 2014).
NBA player want to have the right to earn as much money as they can as early as they can and fill
fight to have the age lowered to 18 at the next collective bargaining meeting. They argue that no
other sport limits there athletes as does the NBA not for hockey, not for baseball and not for soccer.
If you are good enough to play you should be allowed to support you and your family. National
Basketball Players Association general counsel Gary Kohlman believes race may play a role
(Associated Press 2015).
"I 'm reading and listening to college players and the other side saying

Congress As Part Of The Fair Labor Standards Act
Congress as part of the Fair Labor Standards Act (FLSA) instituted minimum wage back in 1938.
The first minimum wage was at $0.25 per hour and the last minimum wage increase occurred in
2007. Over the past 65 years the minimum wage has varied considerably in inflation–adjusted
buying power. It has averaged $6.60 an hour in purchasing power in 2013 dollars, but it has ranged
from a low of $3.09 an hour in late 1948 to a high of $8.67 an hour in 1968. Today's minimum wage
buys somewhat more than the minimum wage has historically, although it remains over a dollar an
hour below its historical high. In addition to the federal minimum wage, nearly all states within the
United States have their own minimum wage laws with the exception of South Carolina, Tennessee,
Alabama, Mississippi and Louisiana. Sixteen states have a minimum wage that is higher than the
federal minimum wage. The first moves to legislate wages did not set minimum wages, rather the
laws created arbitration boards and councils to resolve labor conflicts before the recourse to strikes.
Minimum wage is raised usually when there is a time of healthy economic growth and low
unemployment. In 1990, Congress enacted a minimum wage hike that took effect on April 1 of that
year, when unemployment stood at 5.4 percent. Congress voted to raise the minimum wage again in
August 1996–when unemployment stood at 5.1 percent. The next vote to raise the minimum wage
occurred in May 2007, when unemployment stood at 4.4 percent.

Sample Letter For A University Program
Memo for president Transparency University is a private not–for–profit university that offers
undergraduate and graduate degrees, which is located in Crockett, Texas. Over the years, we have
held commencement ceremonies twice a year; at the end of the two long semesters. We take pride in
the fact that we are able to distribute diplomas to graduates who are qualified immediately after the
commencement ceremonies, and because of this, the event has a high attendance rate. The planning
and orchestration of the commencement ceremonies have been tedious and equally money
consuming, in as much as it is held on campus. Personnel are needed for a variety of function which
traverse checking in students and prospective graduate, issuing diplomas, ... Show more content on
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The employee must be able to make individual decisions with regards to important matters at work
c) Professional members of staff that earn $455 per week (equivalent to $23,660 per year) on a
salary basis (excluding doctors, lawyers and teachers). The employee's primary duty must be
connected to the usage of advanced knowledge in a science field or the use of imagination and talent
in a specialized field d) Highly compensated employee who earn at least $100,000 each year. These
employees must also perform at least, one of the primary duties associated with the above classes of
exempt employees. It is worthy of note to state that the FLSA has revised the salary of exempted
employees, who must now earn at least $913 per week to be exempt employees. The new changes
will take effect on December 1, 2016, hence previously exempt employees may become nonexempt
entities under the FLSA. The law also has special provisions as the use of volunteers at a non– profit
organization. The FLSA states that not–for–profit employers may utilize employees as volunteers,
as long as the employee is not doing the same type of work he/she does normally for pay at the
organization. The law also goes further to state that volunteer work may not be done during the
employees normal work hours (even if the work is

Pros And Cons Of The FLSA
The Fair Labor Standards Act is a United States law that is intended to protect workers against
certain unfair pay practices or work regulations. The Fair Labor Standards Act sets out various labor
regulations regarding interstate commerce employments, which includes minimum wages,
limitations on child labor, and minimum wages. The FLSA also applies to employees who are
employed by an employer and those who are engaged in interstate commerce or employed by an
enterprise engaged in commerce or in the production of goods for commerce. In addition, the FLSA
also elaborates more on the rules concerning whether employees are non exempt or exempt from
FLSA overtime regulations. According to Smith (2017), "the FLSA requires overtime to be paid at
1.5 times the regular hourly rate for all hours worked in excess of 40 hours during seven day work
week".
Under the FLSA, there are two categories such as exempt and non exempt. Employees who are non
exempt are those who are entitled to overtime pay. The exempt employees are those who are not
eligible for overtime pay. In most cases, some hourly workers are not covered by the FLSA but most
FLSA covered employees are nonexempt. For instance, professional, administrative ... Show more
However, there are several methods or procedures for enforcing the FLSA which establishes
minimum wage, recordkeeping, overtime pay, and child labor standards. This includes criminal
prosecutions by the United States Department of Justice, private lawsuits by workers, employees
that includes collective actions and lawsuits and civil actions or lawsuits by the federal government.
If any employees violate the FLSA, there are consequences that they will face and penalties they
will have to pay. For example, criminal penalties under the FLSA are a fine up to 10,000,
imprisonment up to 6 months, or a fine up to $10,000 on their first

The Fair Labor Standards Act
Imagine if you work hard all week and at the end you head home with your paycheck and feel that
you have enough to pay the bills and still have some for enjoyment, But that is not the case. Our
Economy is based off of consumer spending and our government is not a communist that everyone
makes the same. Some people will always come out on top and some will fall to the bottom.
Without law regulating how much the people who have fallen to the bottom gain, life would be
unlivable. This is the cause for the Fair Labor Standards Act, this law was the first us law to set a
federal minimal wage. it has been over 76 years since this law was passed and we are now faced
with the same problem. People work hard and don 't make enough to live a enjoyable life. When the
minimal wage is increased to fifteen dollars an hour the economy will be stimulated, worker moral
will increase, and the standard of living will increase. Some people don 't see how increasing the
minimum wage can boost our economy so the best way to demonstrate it is through history. Our
economy has faced many challenges through the years since it's founding in 1776, but it's most
difficult challenge to the economy would be the Great Depression. After the stock market crash in
1929 people pulled all of their money out of the bank and horded the money they had. This caused
the economy to become even more damaged because our economy depends on consumer spending.
By increasing the minimum wage to fifteen Dollars a hour

Patel V. Quality Inn South
Analyzing Patel v. Quality Inn South
It has been argued since the start of immigration whether or not aliens (undocumented or
documented) should have the same equal rights as Americans when it comes to employment,
education, and benefits in the United States. Despite what individuals believe or disbelieve, under
certain acts, codes, laws, and the U.S. Constitution, all aliens have rights, regardless of their
immigration status. In this paper I will discuss an overview of the court case, Patel v, Quality Inn
South, which deals with an undocumented alien who was able to recover funds from his former
employer. I will explain the acts that impacted the case, whether I agree or disagree with the
outcome of the case, and my personal opinions of the case itself.
The Case In the case of Patel v. Quality Inn South, it was first proclaimed by a district court that
undocumented aliens were not protected under the Fair Labor Standards Act (FLSA) ("PATEL v.
QUALITY, " n.d.). The Eleventh Circuit Court contacted the U.S. Department of Labor in order to
determine whether or not undocumented aliens could protest and file for violations under the Wage
and Hour Division (WHD) of the Fair Labor Standards Act (FLSA). The U.S. Department of Labor
responded and took "the position that undocumented aliens were covered by the provisions of the
FLSA and thus were entitled to its protections" ("PATEL v. QUALITY," n.d.). The Circuit Court
then reversed the decision of the district court and held that

Fair Labor Standards Act Of 1938: A Case Study
Introduction Taking a closer look at the Fair Labor Standards Act of 1938, American workers were
struggling to find jobs following World War 1 due to the number of immigrants. Yet, still today,
American workers are struggling to find high paying jobs which are still partly due to the number of
immigrants and refugees coming into this country daily. Relatively speaking, the minimum hourly
wage over the past 70 years has not increased greatly, MacLury (1998) in 1938 it was of .25 cents
and upon reaching the latest of 7.25 dollars in 2009. Over the years, lawmakers continue to change
the verbiage of the FLSA, with former President Obama, Lee (2015) mad a challenge to congress,
which is to live on 15,000 dollars a year. Additionally, in order ... Show more content on
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Those who are content with raising a family on minimum wage will fail themselves and their family
by not making themselves better. Additionally, those employers who report millions and billions in
annual profits and continue to pay their workers minimum wage are being greedy, and greater
pressure put on the employers to pay a better wage. As the minimum wage rate edges, closer to
union pay and state and federal pay scales, it will force the entire country into a labor dispute. Those
with a college education or a trade will not continue to work alongside someone with no
qualifications and earn the same pay. American companies paying minimum wage in high poverty
nations would be overpaying the local nations as they have no experience and the work force pool
size to be scarce. Those entering into the workforce deserve minimum wage and this would allow
employers to train and employ more workers to fill positions requiring experience. Lastly, those
choosing to not better themselves through education, and live on minimum wage is creating a bigger
burden for everyone

Fair Labor Standards Act
Today we are fortunate to have laws to protect us from being forced to work excessive hours
without being fairly compensated. We have laws to protect our children from being forced to work
at an early age and these laws protect us from working in unsafe and unhealthy conditions. In 1938
our 32nd president Franklin D. Roosevelt was able to have the "Fair Labor Standards Act" passed
and signed into law. This piece of legislation was a land mark in our history. It banned most child
labor; it set a minimum hourly wage and set the standard work week. This was the beginning that
made employers develop records to keep track of the wages that they paid to their employees and
records of the hours the employees were working. The Supreme Court ... Show more content on
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There are a number of employment practices which 'Fair Labor Standard Act" does not regulate.
They are vacation, holiday, severance, or sick pay; meal or rest periods, holidays off, or vacations;
premium pay for weekend or holiday work; pay raises or fringe benefits; or a discharge notice,
reason for discharge, or immediate payment of final wages to terminated employees. The standard
work week in 1938 was reduced to 44 hours per week, and if employees were to work over that they
would be paid over time at a rate of their wages plus one–half wages for the additional time worked.
By 1940 the standard work week was reduced to 40 hours per week
(www.dol.gov/dol/oasam/programs/history/flsa1938.htm). Despite this law in 2006 a class action
law suit was brought against Wal–Mart for not paying its employees for their overtime and forcing
them to work through their breaks. Wal–Mart lost the law suit and the workers won $78.4 million
(Worth 2008 p 12). In 1961 an amendment was added to the "Fair Labor Standard Act" called
"enterprise coverage". It applies to employers whose annual sales total $500,000.00 or more, or who
are engaged in interstate commerce. The courts interpreted that the term interstate commerce to
cover companies that regularly use the U.S. mail to send and receive letters to and from other states.
The courts included that employees that use company telephones or computers to place or accept
interstate business calls or take orders

Fair Labor Standards Act Case Study
Legislation has been proposed to change how we classify employees either as "exempt" or "non–
exempt" as set forth by the Fair Labor Standards Act, 29 CFR Part 541, Section 13 (a)(1). This has
potential implications for both employers and employees. I have set forth excerpts from the
regulation below to help everyone understand the regulation.
The Fair Labor Standards Act, hereafter referred to as "FLSA", was deigned to ensure that hourly
workers, or "non–exempt" employees, would be guaranteed a minimum wage and overtime pay to
be paid a rate of not less than one and a half times the employee's regular rate for all hours worked
over 40 in a work week. (29 CFR Part 541)
On March 13, 2014, President Barack Obama signed a Presidential Memorandum ... Show more
2) Salaries raised to meet at least the minimum proposed threshold of $47,476 taking into account
the expected equivalency of hours worked over 40 versus paying overtime;
In the event that the proposed changes to the FLSA does indeed take place, I recommend that those
identified employees be met with individually by both the Human Resources Manager and the
employee's direct supervisor to explain what changes will take place based on the above. In
addition:
Emphasize the positive impact to the employee that is changed to non–exempt status that the
employee will now be compensated at 1.5x their regular hourly rate of pay for all hours worked over
40 in a work week.
For those whose annual salary may be raised to meet the minimum threshold, explain the reason the
changes are occurring and that future increases may be less to allow the current wage to catch up to
market ranges. In other words, they are receiving their future increases at this time and will remain
as salary

Fair Labor Standards Act In 1938
Believe it or not, before 1938, there was a time when children as young as 8–10 years old
(sometimes even younger) would be forced to work until midnight or later in America during the
time of the industrial revolution (Bennett–Alexander & Hartman, 2001). There were simply no laws
to regulate the maximum number of hours that children could work, how old they had to be, or how
much they had to at least be paid. Thus, in 1938, Congress invoked its constitutional powers to
regulate interstate commerce and passed a law known as the Fair Labor Standards Act (FLSA) that
addresses these malpractices by employers.
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and
youth employment standards affecting ... Show more content on Helpwriting.net ...
Meanwhile, a covered enterprise is the related activities performed through unified operation or
common control by any person (or persons) for a common business purpose who also meets at least
one of these 3 standards (United States Department of Labor, 2016b):
1. Their annual gross volume of sales made or business done is not less than $500,000 (exclusive of
excise taxes at the retail level that are separately stated); or
2. They are engaged in the operation of a hospital, an institution primarily engaged in the care of the
sick, the aged, or the mentally ill who reside on the premises; a school for mentally or physically
disabled or gifted children; a preschool, an elementary or secondary school, or an institution of
higher education (whether operated for profit or not for profit); or
3. It is an activity of a public agency.
It is important to note that the first standard aforementioned has been updated over time to keep up
with current market trends and annual gross income levels in the United States. For example, the
standard used to be $362,500 in 1995, but is $500,000 now. Any enterprise that was covered by the
FLSA on March 31, 1990, and that ceased to be covered because of the

Persuasive Essay On Student Athletes
Many People think that the collegiate sports are just a form of entertainment for them and the
players but the players think of these sports as a job. The NCAA is the National Collegiate Athletic
Association and it is the center of making all of the rules for collegiate sports. They decide on if
student athletes are employees under the Fair Labor Standards Act or not. Student athletes do not get
enough recognition and seen as students or entertainment but not as employees. Although some
people do not believe student athletes deserve the recognition of being employees, others know they
should because these students fall under the title employee from the requirements placed by the Fair
Labor Standards Act. Even though student athletes work hard and receive pay for their athletic
abilities some people deny that student athletes are employees. Some people believe that student
athletes are students first because that is what they are, students then athletes. The college tries to
say that the sports are just for fun and that they are allowing them to do these sports for recreation.
The college tries to emphasize they offer more tutoring opportunities if students are on one of the
colleges sports team. The college pays for these tutoring opportunities because they are trying to let
people know that they want all the money earned by the athletes goes directly to their studying.
Even though the student athletes earn money, the money does not belong to them for spending it
belong to them for school. For instance, "The 20–year–old sophomore from Hawaii helps the school
earn millions of dollars through ticket sales, advertising, and TV deals. But like all college athletes,
Mariota doesn't earn a penny" ("Fair Play"). Like student athletes, even though someone works hard
to help the college earn millions of dollars they don't get to see any of it in their personal bank
account. Although student athletes receive pay for their hard work some people do not believe the
athletes are employees.
The Fair Labor Standards Act is an act that helped fix the unequal pay of labor to time ratio.
President Franklin D. Roosevelt signed this act in 1938. The Fair Labor Standards Act helped
employees so they were not having to do what

The Impact Of National Relations Labor Act ( Nlra ) And...
Labor Legislation in the 20th Century
Much of what we know about the improvements in the workforce came from 20th century
advancements with the workforce that we know today. Important developments came in the form of
methodology and data collection efforts. The 20th century was a remarkable period for the
American workers. Despite the initial stages of labor management, working conditions, wages and
benefits improved over the last century with the workforce increasing six fold over the period
(Gould, 1986). This research will focus on impacts of National Relations Labor Act (NLRA) and the
Fair Labor Standards Act (FLSA) enacted in the 20th century, including major circumstances that
led to the intent of the legislation. In ... Show more content on Helpwriting.net ...
The law was enacted on July 5, 1935 (Gould, 1986).
Considered to be a landmark, in 1938 President Franklin D. Roosevelt signed the Fair Labor
Standards Act. The nation was experiencing social and economic development of judicial opposition
and depression. This law set national minimum wages and maximum hours workers can be required
to work. Incorporated into this law are overtime pay and established standards to prevent child–
labor abuse. Consequently, in 1963 an amendment was made to this law, which prohibited wage
discrimination against women.
Implications Surrounding the Law
NLRA was considered to be the law that affected the relationship among the federal government and
private enterprise; this measure considerably increased the government's powers to arbitrate in labor
relations. Prior to this law, employers had the emancipation to chastise, spy on, question for no
reason and fire union members. Work stoppages commenced in the mid 1930's (Gould, 1986),
which included striking by factory and industrial occupational workers. By the time the strikes came
to a halt, America had a more conservative Congress. This Congress led to balance the power
between employers and unions. While the Wagner Act addressed only unfair labor practices by
employers, it was added to the enactment of

Fair Labor Standards Act
Fair Labor Standards Act Overview The Fair Labor Standards Act of 1938, as amended is also
referred to as "the Act" or "FLSA". The Act provides for minimum standards for both wages and
overtime entitlement, and spells out administrative procedures by which covered work time must be
compensated. FLSA also include provisions related to child labor, equal pay, and portal–to–portal
activities. A general overview of FLSA is that it establishes minimum wage, overtime pay,
recordkeeping, and child labor standards affecting full–time and part–time workers in the private
sector and in Federal, State, and local government. In 1974 the Fair Labor Standards Act began
applying to employees of the United States Federal Government. ( para.1, 2," ... Show more content
on Helpwriting.net ...
Currently at Regions Bank they don't have any wage and hour issues at this time. However in the
past they have had a couple wage and hour issue. One of the wage and hour issues they had is when
they were paying on a semi–monthly payroll using a bi–weekly time card and standard hours. Even
though this method of paying is legal, when employees left Regions Bank they thought that they
were entitled to extra pay. This came about because of the confusing way the employees were paid
and they thought that they were cheated out of their last pay. When the employees didn't receive
their extra pay they went and filed a claim with the state labor department. At least once a month
Regions Bank was receiving complaints from the state labor department that some employees claim
that Regions Bank cheated them out of their final pay. Regions Bank was able to prove to the state
labor department that, at time the employees actually got paid more then what they were entitled to
when they left Regions Bank. Regions Bank never cheated their employees on their final pay if
anything they were over paid. The other wage an hour issue that Region Bank had was in mortgage
department. This issue came about when they change an employee classification status from non–
exempt to exempt. At the time when the changes happen the employee was not aware of it until she
received her pay check and notice that she was not paid for the overtime she work. She then

Fair Labor Standards Act ( Flsa ) Essay
In 1996 the amendments to the fair Fair Labor Standards Act (FLSA) was created. This law was
established to provide a 50 percent "tip credit" for tipped workers employers. It allowed tipped
workers income from tips to count toward half the regular minimum hourly wage which was
guaranteed to workers by the FLSA. Over the years, the federal tipped provision minimum wage
dropped to at least 40 percent from 1980 to 1989. During that time period, the amount of tips
received by workers has never exceeded half of the regular minimum wage that they should have
received. Due to that problem, President Clinton in 1996 signed the Minimum Wage Increase Act.
This law eliminated the FLSA provision that required tipped workers minimum wage to stay a
certain percentage of the full minimum wage. When the bill signed by president Clinton passed the
tipped credit stood at 50 percent. That year in October, the regular minimum wage went $4.25 to
$4.75, but the $2.13 for tipped workers stayed the same, which brought the tip credit for employers
to be above 50 percent. The federal minimum wage was raised in 2007, 3008, and 2009, but the
wage for tipped workers still remain the same (Allegro & Cooper, 2014).
–When/how did the most recent proposed policy originate? In Bedford, Massachusetts when
President Roosevelt was campaigning for reelection, a young lady passed him an envelope. He was
unable to receive the note from her because a policeman threw her back into the crowd. President
Roosevelt

Fair Labor Standards Act of 1938
Fair Labor Standards Act of 1938 – as Amended As the United States endured the hardships of the
Great Depression, the struggles of the working class grew and employers were able to take
advantage of desperate workers by overloading hours and shrinking wages. In 1938, President
Franklin Roosevelt, in his New Deal legislation, saw the opportunity to attend to the issues
concerning workers involved in interstate commerce. The Fair Labor Standards Act was passed, and
the President described it in the following way "Except for the Social Security Act, it (the FLSA) is
the most far–reaching, far–sighted program for the benefit of workers ever adopted here or in any
other country." (Nordlund). The FLSA, as it is known, set a maximum number of ... Show more
Housing Authority. In 1938, The Fair Labor Standards Act became the last piece of New Deal
legislation passed. The Fair Labor Standards Act has been amended many times and is virtually an
ever–changing law, however, it does not cover all employees. There are several classes of "exempt"
employees, including salaried employees in the executive/managerial, administrative, and
professional areas. Outside salespeople are also considered exempt. One of the issues facing
companies today is knowing which employees are exempt and which are non–exempt. There are
tests to determine if an employee is exempt. In 2004 the tests changed to a standard test, which is
whether or not the employee's salary is $455/week or greater and the duties test, which allows for
exempt status if more than 50% of the work performed by an individual is "exempt work." (Pass and
Broadwater) Exempt employees do not receive overtime pay, which can be a substantial cost
savings to a company. My previous employer required that an exempt manager close the center each
night even though we had non–exempt team leads who acted as managers in most capacities. The
reason was to avoid overtime costs. An ongoing issue regarding FLSA impacts to companies is the
issue of what is called the Portal to Portal Act (PPA), passed in 1947. The question that this relates
to is when does the work day start and

Fair Labor Standard Act: A Case Study
The Fair Labor Standard Act is also known as FLSA established in 1938. President Franklin D.
Roosevelt signed this bill to protect employees during the Great Depression (Perez, 2015). The sole
purpose of this bill was to establish minimum wage, overtime pay, recordkeeping, and youth
employment standards affecting full–time and part–time workers in the private sector and Federal,
State, and local governments (Bernardin & Russell, 2013). Before this act, there was no formal
written law regarding standard minimum wage, overtime compensation, adequate timekeeping for
hours worked as well as the proper age limit regarding the workforce personnel. Seventy–nine years
later, the issue of minimum wage plus overtime pay is still a topic of discussion ... Show more
Thus, signifying these workers could earn OT if they made less than the proposed changes.
Additionally, the salary requirement for exempt salary employees would increase to $100,000 – $
134,000. The amendment would raise concern among small firms as they have fewer employees as
well as various job duties. The employees at a small company tend to wear multiple hats for a set
wage. The firm would have to pay additional overtime or consider changing the non–exempt
personnel to exempt status. To conclude, the FLSA dilemma will not go away anytime soon as it
involves the United States economy. The FLSA will eventually become altered, and organizations
will have to deal with the issue. It is only a matter of time when the change will take

Fair Labour Standards Act Research Paper
The Fair Labor Standards Act sets the minimum wage rate and requires employers to pay employees
overtime for any hours worked over 40 per week. The Fair Labor Standards Act also requires
employers to pay employees one and one–half times their regular pay per hour for overtime hours
worked. Under the Fair Labor Standards Act jobs are either exempt on non–exempt. Non–exempt
employees are entitled to overtime pay under the Fair Labor Standards Act. Exempt employees are
not covered under the Fair Labor Standards Act. Under the Fair Labor Standards Act an exempt
employee is entitled to receive their base salary. In order for an employee to be considered exempt
the employee must earn at least $455 per week and paid on a salary basis along with performing

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