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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.
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.
Respondents brought suit against the dealership under the Fair Labor Standards Act (FLSA), seeking time-and-a-half overtime pay for working more than 40 hours per week. [ 5 ] The FLSA exempts from its overtime requirements "any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles."
He then filed a collective action under the Fair Labor Standards Act (FLSA) against Helix, asserting he was entitled to overtime pay. Various FLSA regulations exempt employees from overtime if they (1) perform managerial duties, (2) earn $100,000 or more each year, and (3) receive a weekly salary of $455 or higher on a salary basis.
The Fair Labor Standards Act (FLSA) included an exemption to employees regulated by the ICC under the Motor Carrier Act of 1935. The ATA sought a ruling compelling the ICC to recognize all trucking employees as within its power to regulate, as such employees would then be exempt from the minimum wage and overtime requirements of the FLSA.
Over the 20th century, federal law created minimum social and economic rights, and encouraged state laws to go beyond the minimum to favor employees. [4] 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 ...
To be exempt as an HCE, an employee must also receive at least the new standard salary amount of $913 per week on a salary or fee basis and pass a minimal duties test. [ 33 ] Although the FLSA ensures minimum wage and overtime pay protections for most employees covered by the Act, some workers, including bona fide EAP employees, are exempt from ...
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.
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