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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]
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.
Overtime has to be calculated based on the average regular pay. [136] However, in Christensen v. Harris County six Supreme Court judges held that police in Harris County, Texas, could be forced to use up their accumulated "compensatory time" (allowing time off with full pay) before claiming overtime. [137]
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However, if you work over 40 hours in a week he can't pay it as PTO and avoid paying time and a half. Your employer sounds like he's deliberately breaking the law (or maybe he's just an idiot).
Prevailing wage may also include other payments such as apprenticeship and industry promotion. In the United States, the Davis–Bacon Act of 1931 and related amendments pertain to federally funded projects. There are also 32 states that have state prevailing wage laws, also known as "little Davis–Bacon Acts". The rules and regulations vary ...
Most waged employees or so-called non-exempt workers under U.S. federal labor and tax law must be paid at a wage rate of 150% of their regular hourly rate for hours that exceed 40 in a week. The start of the pay week can be defined by the employer, and need not be a standard calendar week start (e.g., Sunday midnight).
Find Out: The Salary Needed To Afford America’s 50 Biggest Cities. Monthly Limits for Benefits in Texas. Before you can start swiping your electronic benefit transfer (EBT) card, you need to ...