Talk:Fair Labor Standards Act of 1938

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New Section Added[edit]

Hello all! I have added a new section under "Legislative and Administrative History" titled "Section 14(c)". This focuses specifically on this portion of the FLSA and its impact on workers with disabilities. If you have any suggestions or comments, please let me know. Thanks! Mma011 (talk) 06:53, 25 August 2020 (UTC)

Need to define Nominal vs. Real Value in the graph[edit]

The graph of Minimum Wage History displaying Real vs. Nominal Value in the graph has no key making it a bit difficult to read. — Preceding unsigned comment added by Leeand00 (talkcontribs) 13:26, 15 April 2013 (UTC)

Untitled[edit]

The article states:

On August 23, 2004, controversial changes to the FLSA's overtime laws went into effect,

My hazy recollection is that the FLSA was not amended, so this sentence is incorrect. It should say "... changes to Department of Labor regulations issued under the [authority of the] FLSA ..." if I am correct. 18.26.0.18 04:48, 1 Nov 2004 (UTC)

uncredentialed computer programmers?[edit]

I find the phrase:

... technical employees, such as computer programmers, who have a significant degree of specialized knowledge without formal academic credentials.

problematic as it seems to imply that most or all computer programmers lack "formal academic credentials"; a significant number do have relevant degrees.--Sommerfeld 17:44, 15 May 2006 (UTC)

I agree with the comment of Sommerfeld. I have changed the article accordingly. Famspear 17:40, 6 December 2006 (UTC)

Criminal provisions[edit]

Does anyone know if there are any criminal statutes included in the FLSA, i.e. the government can bring criminal actions against companies who grossly violate some provions? There are certainly civil provisions here - my hunch is that that is all that is present. Thanks for any help.

Borntostorm 23:32, 4 February 2007 (UTC)

Vandalism Case[edit]

Fixed It. 2/09/07

overtime pay[edit]

I am currently working at a job where my first pay check was 74hrs. my employer pays me 12.00 and hour regualer pay 18.00 for time and a half.

my first pay check was staight pay with no over time pay. and now they are telling me that i'll will get a check but at 6.00 dollars and hour for th e overtime of 34 hours is this correct. —Preceding unsigned comment added by 66.177.69.162 (talk) 22:03, 20 June 2008 (UTC)

External links[edit]

I don't want to offend anyone, so let me ask here first. I have a blog that I update almost daily (although every so often I go out of pocket) that summarizes new published FLSA cases. That's overtimelaw.blogspot.com. I also am trying to create a wiki just for overtime, but it's in its infancy. Would it be OK to link to those sites in external links? —Preceding unsigned comment added by Trtfsr (talkcontribs) 02:53, 8 September 2008 (UTC)

Need to Define "Exempt" and "Non-exempt" Employee[edit]

This page redirects from a search on "Exempt Employee," yet it contains no definition. I suspect that there had been one, but someone edited it out.

There's a paragraph in the "Amendments" section about "FairPay" reclassifying employees but that's it. Katharine908 (talk) 17:11, 7 June 2010 (UTC)


Katharine is absolutely correct -- Need to Define "Exempt" and "Non-exempt" Employee. Not only that, but define a covered (and uncovered?) "Exempt" and "Non-exempt" Employee. I am researching the status of salaried workers for a 501(c)(3), and was very disappointed that there is no mention of salaried workers. Logically, this would mean that they are exempt from FLSA, but the US Code is not known for its logical consistency. Better luck next time. —Preceding unsigned comment added by 66.32.166.233 (talk) 01:45, 28 September 2010 (UTC)

Employees whose jobs are covered by the FLSA are either exempt of non-exempt. Non-exempt workers and entitled to overtime pay whil exempt workers are not entitled to overtime pay.[1]

References

  1. ^ [FLSA home page. "Coverage Under the FLSA"] Check |url= value (help). Kaufman and Jones. Retrieved 8 March 2012.

last paragraph under amendments[edit]

lacks factual basis and refers to reporting time pay which applies at a state to state level (a.e. in california if you are scheduled to work 9-5 and get sent home at 3 you get 2 extra hours of work but in michigan you get a "sorry we don't need you see you tomarrow" from your employer — Preceding unsigned comment added by 68.61.157.76 (talk) 12:01, 15 August 2012 (UTC)

Portal-to-Portal Act description needs to be updated to reflect Integrity Staffing Solutions, Inc. v. Busk[edit]

Current text from Fair Labor Standards Act Amendments:

"...as long as an employee is engaging in activities that benefit the employer [...] the employer has an obligation to pay the employee for his or her time"

However, the recent "Integrity Staffing Solutions, Inc. v. Busk" decision indicates that...

"[...] it matters not that an employer requires an activity; the activity must be 'indispensable' and 'tied to the productive work' that the employee is hired to do.'"[1]

because...

"If that were the test, Justice Thomas wrote, it would sweep into the realm of paid employment the very kind of activities that Congress had enacted the Portal-to-Portal Act, passed in 1947 to narrow the scope of wage and hour rights under the Fair Labor Standards Act, to address."[2]

The decision resolved that a required security screening, while benefiting the employer, was not a covered obligation for reimbursement because the screening could be removed without effecting the productive work the employees were hired for. Philippe23 (talk) 15:24, 10 December 2014 (UTC)

References

Some historical citations needed[edit]

These two sentences from the section on the Equal Pay Act need citations:

"In the past, it had been generally accepted that women did not deserve to earn as much money as men because they were not heads of households. However, in many homes, women were in fact the sole breadwinner for various reasons, ranging from death or disability of a spouse to divorce or single parenthood."

As much as we all know there was discrimination historically, this is still an encyclopedia, and we need fact based citations to support commonly held political views in this context. Added {Citations needed} to each sentence to reflect this.

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