Lesson 1.2: Fair Labor Standards Flashcards
FLSA
Fair Labor Standards Act
FLSA DOES
- sets the minimum wage and overtime rates covered employees must receive for their work;
- requires record keeping by all covered employers;
- places restrictions on the types of work minors can do and the hours they can work; and
- mandates equal pay for equal work.
FLSA Does NOT
require employers to provide paid vacations, sick days, jury duty leave, holidays, lunch breaks, or coffee breaks, but some states require certain employers to provide paid sick leave to employees meeting specific requirements;
- regulate how often employees must be paid, or when they must be paid after employment termination (voluntary or involuntary); or
- restrict the hours that employees over 16 years of age may be required to work
Executive Employees
Exempt executive employees’ primary duties must be management of the business or of a customarily recognized department of the business.
- Exempt executive employees must regularly direct the work of at least two or more full-time equivalent employees.
- Exempt executive employees must have the authority to hire and fire other employees, or their recommendations must be given particular weight as to the employment status changes of other workers.
- The employee must be paid a salary of at least $455 per week
Professional Employees
Learned professionals
Creative professionals
Computer Professionals
Outside Sales Employees
Salary Requirements for Exempt
Salary level= 455 per week
Highly compensated employees100,000
Federal Minimum Wage Requirements
7.25
Tipped employee’s minimum cash wage
2.13
Tip credit
5.12
Tip Pay Requirements
Receive $30.00 in tips during a month
Child labor restrictions
No minor under age 18 can work in a job that has been declared hazardous by the Wage and Hour Division.
Some minors age 16 and 17 are exempt from these restrictions under certain student learner or apprentice programs.
Employees age 16 and 17 can also load materials into, but not operate or unload material from, those scrap paper balers and paper box compactors that are considered safe for 16- and 17-year-olds and that cannot be operated while being unloaded.
•Minors age 14 and 15. can work in a limited number of nonhazardous jobs in retail, food service, and gasoline service establishments. They cannot work during school hours and are limited to working 3 hours a day and 18 hours a week when school is in session
(8 hours a day and 40 hours per week when school is not in session).
They also can work only between 7 a.m. and 7 p.m. (expanded to between 7 a.m. and 9 p.m. from June 1 through Labor Day).
•Minors under age 14. Employment is generally prohibited, unless the minor is working for a parent, and even those jobs cannot be hazardous or in mining or manufacturing