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Definition of Fair Labor Standards Act

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    History

    • The Fair Labor Standards Act of 1938 (FLSA), sometimes known as the Wages and Hours Bill, born in the Great Depression, took over a year to get signed into law. The original minimum wage was set at 25 cents per hour and the 44-hour workweek was established. Additionally, children were prohibited from working in dangerous professions. According to the Department of Labor, due to lobbying by certain industries for exceptions, less than 20 percent of American workers actually had access to the rights provided by the FLSA.

    Minimum Wage

    • The federal Fair Labor Standards Act outlines the national minimum wage rate. Between 1938 and 2009, more than 20 amendments have increased the federal minimum wage from 25 cents to $7.25. The FLSA regulates separate minimum wage standards for employees receiving tips. As of 2009, tipped employees must receive an hourly wage of at least $2.13 per hour. Additionally, employees under the age of 20 may receive a training wage of $4.25 per hour for the first 90 calendar days of employment.

    Overtime

    • As of 2010, any employee over the age of 16 years must be paid one-and-a-half times their normal rate for any hours worked over 40 during the workweek. A workweek is defined as "seven consecutive 24-hour periods." There is no limit to the amount of hours an employee may work during this period.

    Child Labor

    • Special restrictions apply to employed youth under the age of 18. In May 2010, the Department of Labor established "the Final Rule--a set of restrictions to child labor that will be effective on July 29, 2010. Generally, the Final Rule prohibits youth under the age of 18 from participating in dangerous jobs, however, the number of opportunities for youth to work in safe workplaces has been expanded. Employment opportunities have been expanded to include advertising, teaching, design, banking and IT professions.

    Miscellaneous

    • The Fair Labor Standards Act also includes provisions about record keeping and standards for workers with disabilities. The act also establishes a long list of exceptions which include many "white collar" employees such as business executives in addition to agricultural employees, mechanics and more.

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