Week 5_ Diss 1

Week 5 Replies:

Amand Wrote:

   Discuss an element of the FSLA

The Fair Labor Standad Act (FLSA) is a federal law which establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. https://ofm.wa.gov/state-human-resources/compensation-job-classes/compensation-administration/fair-labor-standards-act-flsa

All employees that hold positions determined to be covered under the mandatory overtime provisions of the FLSA are covered. Overtime-eligible employees must be compensated with overtime pay or compensatory time for all hours worked over 40 in a single workweek. All overtime-eligible employees must fill out a Time and Attendance Record in order to comply with FLSA standards. https://ofm.wa.gov/state-human-resources/compensation-job-classes/compensation-administration/fair-labor-standards-act-flsa

How it is enforced.

The Wage & Hour Division's enforcement of the FLSA carried out by investigators stationed across the United States These investigators gather data on wages, hours, and other employment conditions or practices, in order to determine compliance with the law. Where violations are found, they also may recommend changes in employment practices to bring an employer into compliance. It is a violation to fire or in any other manner discriminate against an employee for filing a complaint or for participating in a legal proceeding under FLSAhttps://www.dol.gov/general/topic/youthlabor/enforcement

 Include who is and who is not exempt from this element’s regulation. 

Who is Covered? All employees of certain enterprises having workers engaged in interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person, are covered by the FLSA https://www.dol.gov/whd/regs/compliance/hrg.htm

Employees of movie theaters and many agricultural workers are not governed by the FLSA overtime rules. Another type of exclusion is for jobs which are governed by some other specific federal labor law. As a general rule, if a job is governed by some other federal labor law, the FLSA does not apply. https://www.flsa.com/coverage.html

Zach Wrote:

In 1938, Congress passed the Fair Labor Standards Act (FLSA) to regulate pay, hours worked, and child labor (Bennett-Alexander, 12/2014, p. 777). The FLSA also protects employees from retaliation by their employer for exercising their rights under the Act. Retaliation is often thought of as demotion or termination, but can take other forms, such as intimidation or overly harsh discipline. According to Fact Sheet # 77A: Prohibiting Retaliation Under the Fair Labor Standards Act (FLSA) on the Department of Labor website, employees are protected from discharge or any other manner of discrimination from filing a complaint, having ”instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee” (U.S. Department of Labor, 2011). If an employee is retaliated against, they may file a claim with the Wage and Hours Division of the U.S. Department of Labor, who will investigate the claim with the employer and take appropriate action on the employee’s behalf.

Reference:

Bennett-Alexander, D., Hartman, L. (12/2014). Employment Law for Business, 8th Edition [VitalSource Bookshelf version]. Retrieved from vbk://1259755428.

U.S. Department of Labor. (2011, December). Fact Sheet # 77A: Prohibiting Retaliation Under the Fair Labor Standards Act (FLSA). Retrieved November 20, 2019, from https://www.dol.gov/whd/regs/compliance/whdfs77a.htm.