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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]
Under the Fair Labor Standards Act, an employer has to pay each employee the minimum wage, unless the employee is "engaged in an occupation in which the employee customarily and regularly receives more than $30 a month in tips". If the employee's wage does not equal minimum wage, including tips, the employer must make up the difference.
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 Trump administration ordered thousands of federal employees back to work without pay on Tuesday, raising questions over whether it’s legal in America to make people work for free.
The Fair Labor Standards Act of 1938 requires a federal minimum wage, currently $7.25 but higher in 29 states and D.C., and discourages working weeks over 40 hours through time-and-a-half overtime pay. There are no federal laws, and few state laws, requiring paid holidays or paid family leave.
Some fringe benefits (for example, accident and health plans, and group-term life insurance coverage (up to US$50,000) (and employer-provided meals and lodging in-kind, [22]) may be excluded from the employee's gross income and, therefore, are not subject to federal income tax in the United States. Some function as tax shelters (for example ...
So if a taxpayer filed taxes on the new filing deadline — July 15, 2020 — and later wanted to claim a refund or credit on July 14, 2023, which is within the three-year timeframe to claim a ...
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 ...