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Exemptions are narrowly construed, as an employer must prove that the employees fit "plainly and unmistakably" within the exemption's terms. The Fair Labor Standards Act applies to "any individual employed by an employer" but not to independent contractors or volunteers because they are not considered "employees" under the FLSA. [8]
(Since 1974, FLSA has contained a similar CMP provision for child labor violations.) [7] FMLA: the Family and Medical Leave Act (FMLA) entitles eligible employees to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave.
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]
It applies to companies with 50 or more employees (unlike 100 for the federal law) where either 25 (50 for the federal law) or more workers are affected, if that number makes up at least 33% of the workers on that site. NY WARN Act requires a 90-day notice from the employer, unlike the federal Act that requires a 60-day notice. [6]
There are, however, limited federal rights to unpaid leave for family and medical reasons. The Family and Medical Leave Act of 1993 generally applies to employers of 50 or more employees in 20 weeks of the last year, and gives rights to employees who have worked over 12 months and 1250 hours in the last year. [155]
The Sunshine State’s new minimum wage law will deliver new regulations that could trip up employers. Pro tip to employers: Do the maximum to handle minimum wage changes Skip to main content
The Equal Pay Act of 1963 is a United States labor law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex (see gender pay gap).It was signed into law on June 10, 1963, by John F. Kennedy as part of his New Frontier Program. [3]
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.
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