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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.
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 ...
It turned first to tests with many factors like the Borello test [16] or economic realities test [41] used by courts in interpreting Fair Labor Standards Act claims. [42] As the Court described, these tests attempt to consider all of the circumstances on a case-by-case basis in determining whether a worker is an employee or an independent ...
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]
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 ...
The Wage and Hour Division was created with the enactment of the Fair Labor Standards Act (FLSA) of 1938. The Division is responsible for the administration and enforcement of a wide range of laws which collectively cover virtually all private and State and local government employment.
The Fair Labor Standards Act (FLSA), which was upheld in United States v. Darby Lumber Co., [4] was later amended to remove state exemptions pertaining to employees of state institutions. The FLSA imposed on all public employers certain minimum wage standards and maximum work hours limitations.
Seven employees of the Swift & Company packing plant in Fort Worth, Texas, brought an action under the Fair Labor Standards Act of 1938 to recover overtime, liquidated damages, and attorneys' fees, totaling approximately $77,000 (equivalent to $1.33 million in 2023). The employees were required to stay on the packing plant's premises when they ...
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