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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]
Department of Labor poster notifying employees of rights under the Fair Labor Standards Act. The Fair Labor Standards Act of 1938 29 U.S.C. § 203 [1] (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week.
The state of California's overtime laws differ from federal overtime laws in many respects, and they involve overlapping statutes, regulations, and precedents that govern the compensation of employees in California. Governing federal law is the Fair Labor Standards Act (29 USC 201–219) California overtime law is codified in provisions of:
For more on salary, overtime and wage issues, take a look at my columns on salaried workers and why they may be entitled to overtime, and working off the books.
The U.S. Department of Labor rule will require employers to pay overtime premiums to workers who earn a salary of less than $1,128 per week, or about $58,600 per year, when they work more than 40 ...
Prevailing wage may also include other payments such as apprenticeship and industry promotion. In the United States, the Davis–Bacon Act of 1931 and related amendments pertain to federally funded projects. There are also 32 states that have state prevailing wage laws, also known as "little Davis–Bacon Acts". The rules and regulations vary ...
The 1938 Fair Labor Standards Act created a 40-hour workweek and overtime pay standards, as well as the right to a minimum wage. The law stipulated that workers covered by the law must get at ...
Most waged employees or so-called non-exempt workers under U.S. federal labor and tax law must be paid at a wage rate of 150% of their regular hourly rate for hours that exceed 40 in a week. The start of the pay week can be defined by the employer, and need not be a standard calendar week start (e.g., Sunday midnight).