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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. [2] [3] It also prohibits employment of minors in "oppressive child labor". [4]
The Wage and Hour Division (WHD) is authorized under 29 U.S.C. 207, et seq. to administer and enforce a variety of laws that establish the minimum standards for wages and working conditions in the United States. Collectively, these labor standards cover most private, state, and local government employment.
All workers, like the Arizona teachers in 2019, are guaranteed the right to take collective action, including strikes, by international law, federal law and most state laws. [ 312 ] The right of labor to take collective action , including the right to strike , has been fundamental to common law , [ 313 ] federal law, [ 314 ] and international ...
As a result, around 1 in 5 U.S. workers don’t have access to paid sick days, and they are more likely to work in the lowest-paying jobs, according to the Bureau of Labor Statistics.
[6] State level rates are calculated using various methods including an average of all wage rates paid, the mode, or based on collectively bargained rates. The H-1B visa program requires employers to "pay the prevailing wage or the actual wage paid by the employer to workers with similar skills and qualifications, whichever is higher". [7]
The real answer is to adapt labor laws to better encompass the new environment of work. Even if TikTok is banned, social media influencing will remain a force in the U.S. economy.
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