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Fair Labor Standards Act & How it Can Be Used in Your Case


Workers should be familiar with the Fair Labor Standards Act (FLSA), which was passed in 1938 in the aftermath of the Great Depression. It is essentially the farthest reaching law that guarantees a worker’s right to receive fair payment and protects them from working an unmanageable number of hours.

Here are some benefits provided under the FLSA:

  • It sets restrictions on child labor
  • It establishes the federal minimum wage
  • It sets the requirements for overtime
  • Through an amended in 1963, it bans gender-based wage differences

However, the FLSA is also exceptionally complex due to the numerous amendments made over the years. In fact, it is not uncommon for some of its exceptions to contradict one another.

For the most part, its revisions provided a greater expansion of the FLSA’s coverage. It includes:

  • The FLSA requires men and women to receive equal pay for the same work, skill level, responsibilities, and effort
  • The FLSA protects educational institutions as well as local and state hospitals
  • The FLSA also covers most federal and state employees, including political subdivisions and interstate agencies
  • The FLSA sets forth standards for paid time off and how it is accrued
  • The FLSA establishes requirements that dictate when and how employers must pay their employees for overtime work

Who is Covered by the FLSA?

Not all employers are covered by the FLSA. Employers whose sales are below $500,000 or do not partake in interstate commerce are not covered by the FLSA. This might sound restrictive, but given the broad nature of the law’s definition of interstate commerce, it covers most employers.

Small farms and employers who use minimal outside paid labor are typically not covered by the FLSA. Additionally, independent contractors are not covered by the FLSA. An exception to this rule can be made, however. For example, if almost all of your income is from a single company, the court might rule that you are an employee of that company, regardless if you are an independent contractor on paper.

If your employer tries to take advantage of you by denying you overtime by stating because they are exempt, but dock you for tardiness or time spent away to run minor errands on occasion, your employer might be in violation of wage and hour laws. Consult with an attorney to review your case to ensure you are not being treated unfairly.

Contact an Experienced Employment Law Attorney Today!

If you are the victim of unfair work practices or illegal workplace discrimination, contact the team at Schwartz Perry & Heller LLP for the skilled legal help you need to protect your rights as an employee.

Contact our office today at (646) 490-0221 to schedule an appointment with one of our knowledgeable attorneys.

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