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Fair Labor Standards Act of 1938

Charles H. Fay


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The Fair Labor Standards Act (FLSA) contains five major provisions: minimum wage, overtime pay, equal pay ( Equal Pay Act of 1963 ), record‐keeping requirements, and child labor laws. FLSA also is the source of the terms “exempt” and “nonexempt.” It is the FLSA from which employees are (or are not) exempt. Typically, but not always, professional, technical, or administrative employees meet the exempt criteria of FSLA. Minimum wage provisions set a floor on wages. Overtime provisions mandate time and one‐half pay for all hours worked in excess of 40 hours per week. Record‐keeping provisions mandate that employers must collect, store, and report to the Wage and Hour Division of the Department of Labor significant data on all nonexempt employees. ( 2002 ). Federal Wage and Hour Laws , 2nd edn. Washington, DC : SHRM Foundation . ( 2001 ). Human Resources and the Law: The Complete Guide with Supplement . Englewood Cliffs, NJ : Prentice‐Hall . ( 2003 ). The Employer's Legal Handbook , 5th edn. Berkeley, CA : Nolo Press . ... log in or subscribe to read full text

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