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In the United States, employees must be paid a fixed salary regardless of the weekly hours worked, in order for fluctuating week overtime to apply. [4] The United States Department of Labor revised the Fair Labor Standards Act to give employers more flexibility in using the fluctuating workweek method for calculating overtime.
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.
• For salaried employees who work under the fluctuating workweek method, employers must calculate their overtime pay based on a 40-hour workweek.
Sen. Bernie Sanders, I-Vt., held a hearing Thursday on a bill he introduced to reduce the standard U.S. workweek to four days without loss of pay.. The bill, titled the “Thirty-Two Hour Work ...
"Moving to a 32-hour workweek with no loss of pay is not a radical idea," Sanders said in a statement. "Today, American workers are over 400 percent more productive than they were in the 1940s.
FLSA: The Fair Labor Standards Act (FLSA) is the federal law commonly known for minimum wage, overtime pay, child labor, recordkeeping, and special minimum wage standards applicable to most private and public employees. FLSA provides the agency with civil and criminal remedies, and also includes provisions for individual employees to file ...
Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946), is a decision by the US Supreme Court that held that preliminary work activities, if controlled by the employer and performed entirely for the employer's benefit, are properly included as working time under Fair Labor Standards Act. [1]
[13] The FLSA does, however, define the eight-hour day and thus sets the maximum workweek at 40 hours, [14] but provides that employees working beyond 40 hours a week receive additional overtime bonus salaries. [15] However, in practice, only 42% of employees work 40-hour weeks. The average workweek for full-time employees is 47 hours. [16]