FLSA Protection: Upholding the Rights of US Workers

To protect the rights of US workers and give them economic advantages, the Fair Labor Standards Act (FLSA) was amended in 2007 to increase the federal minimum wage to $7.25 per hour.

In some cases, the federal minimum wage is different from the state's. In this situation, employers should follow the wage requirement that will give more advantages to their workers.

Apart from standardizing the minimum wage of workers, the FLSA also requires employers to pay their employees with overtime pay, keep a record of each worker, and follow the labor standards for children.

FLSA COVERED WORKERS AND ENTERPRISES

According to Los Angeles employment lawyers, all workers who are engaged in interstate commerce such as selling, distributing, and handling goods and services from one state to another are covered by this Act.

Meanwhile, a business enterprise is FLSA-covered if this has an annual sales of not less than $500,000 (the excise taxes are not inclusive). Any organization in federal, state, and local governments is also covered by this Act.

Other business enterprises and organizations which are FLSA-covered are:

• Schools for physically disabled or mentally challenged

• Educational institutions for elementary, secondary, and college students (regardless if these are for profit or non-profit)

• Hospitals and any healthcare institution that provide services to sick patients and elderly people

FLSA-EXEMPTED WORKERS

Some workers are not covered by overtime and minimum wage laws under FLSA. They are:

• Professional employees including teachers and professors in educational institutions

• Outside sales employees (they are working from a place which is far from their employers)

• Employees in administrative and executive positions

• Seamen who are employed by foreign companies

• Some fishermen

• Some employees of small newspapers including those who are engaged in newspaper delivery and media practitioners such as editors and announcers

• Workers from amusement parks and most recreational establishments

• Certain computer experts such as software programmers whose hourly rate is $27.63 and higher

• Domestic workers living with their employers, casual babysitters, and people who serve as personal companions for elderly people

• Independent contractors

• Some farmers who are working for small landlords

PENALTIES AND SANCTIONS FOR EMPLOYERS WHO WILL VIOLATE FLSA

If employers violate the overtime pay and minimum wage laws and labor standards for children stated on FLSA, the US Department of Labor will ask them to change these unfair labor practices and provide workers their back wages.

To deter employers from any unfair employment practice, the labor department penalizes those violators with up to $10,000. A second conviction has stiffer fines and may result to imprisonment.

For those who have repeatedly violated the provisions in FLSA will face civil monetary penalties up to $1,100 for every violation they have committed.

Employers who will violate these labor requirements will also face court injunction that will prevent them from committing the same violation.

To help you deal with issues involving labor and employment law, consult with our expert Los Angeles employment lawyers. Visit our website and dial our toll free number for legal assistance.