Fair Labor Standards Act in EEUU

When we talk about labor rights in the United States, there are a great number of laws and statutes that we should not overlook in order to fully understand the legal landscape that protects workers in each state of the country. But have you ever heard of the Fair Labor Standards Act (FLSA) in the US?

If you don’t know much about this law, then you’ve come to the right place. In this article, we will tell you everything you need to know about this legislation that is a key piece in the history of labor rights in the United States.

Remember that if you need to hire labor lawyers in NY who not only know your rights but also fight on your side to enforce them, you can find the best at Nonna Shikh Law. Call us now at 718-295-4000 or schedule a consultation so we can evaluate your case and provide you with the best solution suitable for your case.

 

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What is the Fair Labor Standards Act in the US?

The Fair Labor Standards Act (FLSA) is a federal legislation in the United States that was enacted in 1938. It is one of the most important labor laws in the country and establishes fundamental standards and regulations related to employment and the protection of labor rights.

This law has been amended several times since its creation to address emerging issues and changes in the labor landscape. In addition, many states and localities in the United States have established their own complementary labor laws to the FLSA to further enhance protections for workers.

It is also important to note that the FLSA applies to both public and private sector employees, and affects the vast majority of workers in the United States. Compliance with it is crucial to ensure fair and equitable working conditions for employees throughout the country.

What are the labor rights established by the Fair Labor Standards Act in the US?

The Fair Labor Standards Act (FLSA) in the United States establishes a series of fundamental labor rights to protect workers. Some of the most important rights established by the FLSA are:

• Minimum Wage: The FLSA establishes a federal minimum wage that employers must pay their employees for each hour worked. The minimum wage is established to protect workers from receiving unfair remuneration and provide a minimum level of income.
• Overtime Pay: The law requires employers to pay a time-and-a-half (1.5 times the regular rate) salary to employees for all hours worked beyond 40 hours in a workweek. This ensures fair compensation for additional work time.
• Child Labor: The FLSA prohibits the employment of children under 14 years of age in most occupations, thus protecting minors from inappropriate and dangerous work activities. It also establishes restrictions on hours and working conditions for teenagers between 14 and 17 years old.
• Recordkeeping: Employers are required to maintain accurate and detailed records of their employees’ hours worked, including overtime, to ensure proper transparency in compensation and compliance with labor regulations.
• Labor Exemption Standards: The FLSA defines certain criteria for classifying employees as exempt or non-exempt from minimum wage and overtime regulations. Exempt employees, generally those in executive, administrative, or professional positions, may be excluded from certain FLSA protections.

It is important to note that the FLSA establishes federal minimum standards for these labor rights, but some states and localities may have additional or more restrictive labor laws that complement or enhance these protections.

At Nonna Shikh Law, we protect your rights as a worker

As you can see, the Fair Labor Standards Act (FLSA) in the United States has been and continues to be a fundamental pillar in protecting the labor rights of workers, especially when you find yourself in situations that may jeopardize those rights, such as a workplace accident.

At Nonna Shikh Law, we understand the importance of protecting workers’ rights and fighting for justice in the workplace. Our team of accident lawyers in NY is committed to defending workers’ rights and providing expert legal advice in cases of workplace accidents and personal injuries.

Call us now at 718-295-4000 or schedule a consultation so we can help you seek justice in your case. At Nonna Shikh Law, we are here to help you every step of the way, through distinguished and personalized attention focused on your financial recovery.

 

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FAQs

Which workers are covered by the FLSA and which workers are exempt from its regulations?

The Fair Labor Standards Act (FLSA) covers most workers in the United States, both in the public and private sectors. This includes salaried and hourly employees, as well as those who work full-time or part-time.

However, certain workers, such as highly compensated executives, administrative and professional employees, as well as some independent contractors and freelancers, may be exempt from certain FLSA regulations, such as minimum wage and overtime pay provisions. Exemptions are based on specific criteria defined by law and may vary depending on each employee’s labor circumstances.

What is the current minimum wage established by the FLSA and how is it determined?

The current minimum wage established by the Fair Labor Standards Act (FLSA) in the United States is $7.25 per hour. This figure has remained unchanged since 2009. The determination of the federal minimum wage is made through legislative decision, and any future changes would require a new law or amendment.

However, it is essential to note that some states and localities have higher minimum wages than the federal minimum to better protect workers and adjust to the cost of living in their specific areas.

What can I do if my employer does not comply with the statutes of the Fair Labor Standards Act in the US?

If you believe that your employer is not complying with the statutes of the Fair Labor Standards Act (FLSA) in the United States, it is important that you take action to protect your labor rights. First, you can try to talk to your employer and express your concerns clearly and directly.

If the problem is not resolved, consider filing a complaint with the Wage and Hour Division of the US Department of Labor. They can investigate the matter and take corrective action if evidence of FLSA violations is found. In addition, you also have the right to file a legal claim to seek compensation for owed wages and other losses caused by the employer’s noncompliance.

In any case, at Nonna Shikh Law we are ready to help you take legal and appropriate action to ensure compliance with your rights and the benefits you deserve. Call today at 718-295-4000 or schedule a consultation and let’s work together for the recognition of your rights.