An Overview of the Fair Labor Standards Act

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History The Fair Labor Standards Act (FLSA) of 1938, has been an ongoing challenge for employees. The act entitles covered employees to be paid overtime, which is any time being worked over 40 hours in a week and paid time and a half their normal hourly rate. What Has Happened. Before the FLSA of 1938 was introduced, many blue-collar workers such as those working in an industrial profession, worked between 10 to 16 hours per day, earning just enough to provide for their families (). In 1938, President Franklin D. Roosevelt made a promise to protect American workers by establishing overtime and creating labor safety regulations and minimum wage. With Roosevelt 100% behind his decision, overtime pay regulations would serve to discourage companies …show more content…

Overtime pay regulations would serve to discourage companies from overworking their employees in order to avoid paying overtime wages, and as a result encourage additional hiring to make up for the fewer hours being worked by their existing employees. The most recent changes to overtime law were made in 2004 under the "FairPay" initiative by President George Bush. In this controversial piece of legislation, the definition of "overtime exempt employees" was changed to include many low-level working managers and/or supervisors by reclassifying them as "executives". This change caused millions of workers to lose overtime protection, and sparked a huge debate culminating in the attempted repeal of the FairPay act. Since its inception in 1938, overtime law has proved to be one of the core fundamentals necessary in maintaining a safe and equal workplace. The FLSA continues to be modified in order to meet the changing needs of the American workforce, and overtime regulations will continue to play a key part in maintaining and enforcing a fair system of organized labor in the United States. What Is …show more content…

Specifically, the proposed rule gives the public the opportunity to voice their opinions on whether to allow nondiscretionary bonuses to satisfy some portion of the required salary level and if current job duties should be modified for exempt status. As of now, it is unclear when, or even if, the DOL will make changes on any of these topics. As a result, the employer community continues to hold its collective breath. Importance of Overtime The changes that President Obama is asking to make toward overtime has many employers concerned on what to do next and how will this affect their company. The new rules raised the income level at which workers can automatically qualify for overtime eligibility for the first time in decades. This would effectively give close to five million workers a raise while strengthening overtime protection for another ten million, according to the White House (Rush, 2015). Currently, the only workers who automatically qualify for overtime pay are those earning $23,660 or less. Salaried workers who fall above that limit can only receive overtime pay if they are not classified as administrators, executives, or professionals (called the EAP exemption). The exemption has caused millions of workers to be misclassified as managers or administrators, even if the majority of work they perform doesn’t reflect their title (Cobum and Jackson,

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