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Generally, an employer with at least $500,000 of business or gross sales in a year satisfies the commerce requirements of the FLSA, [6] and therefore that employer's workers are subject to the Fair Labor Standards Act's protections if no other exemption applies. Several exemptions exist that relieve an employer from having to meet the statutory ...
The Supreme Court addressed in the case whether the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. § 201 et seq., forbids a public employer from requiring its employees to use their accumulated compensatory time, absent a pre-existing agreement authorizing compelled use. Compensatory time provides employees time off work with full pay and ...
FLSA: The Fair Labor Standards Act (FLSA) is the federal law commonly known for minimum wage, overtime pay, child labor, recordkeeping, and special minimum wage standards applicable to most private and public employees. FLSA provides the agency with civil and criminal remedies, and also includes provisions for individual employees to file ...
The elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors are a set of interactive, online tools developed by the U.S. Department of Labor to help employers and employees learn more about their rights and responsibilities under numerous Federal employment laws. They address some of the nation's most widely applicable ...
Similarly, under the Fair Labor Standards Act of 1938, in Christopher v. SmithKline Beecham Corp., [71] the Supreme Court held 5 to 4 that a traveling medical salesman for GSK of four years was an "outside salesman", and so could not claim overtime. People working unlawfully are often regarded as covered, so as not to encourage employers to ...
Section 13(a)(1) of the Fair Labor Standards Act of 1938 exempted "bona fide executive, administrative, or professional" employees from overtime pay requirements. [2] In determining whether an employee was exempt, the US Department of Labor and the Secretary of Labor applied a "salary-basis" test in 1940 that was not applicable to state and local employees.
Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985), is a landmark United States Supreme Court [1] decision in which the Court held that the Congress has the power under the Commerce Clause of the Constitution to extend the Fair Labor Standards Act, which requires that employers provide minimum wage and overtime pay to their employees, to state and local governments. [2]
In the U.S., it can occur with respect to tax treatment or the Fair Labor Standards Act. The U.S. Government Accountability Office (GAO) reports that the IRS claims to lose millions of dollars in uncollected payroll, social security, Medicare and unemployment insurance taxes because of misclassification of independent contractors by taxpayers. [1]