Fair Labor Standards Act

The rights of chemists, employers, and professional societies are discussed in relation to layoffs and other grievances where the Labor Management Relations Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the Civil Rights Act of 1954, and the Occupational Safety and Health Act of 1970 apply. Instances of political discrimination, blacklisting, employee entrapment and dismissal, and no-switching agreements are also included in the discussion. 

Furthermore, the employee can be fired at any time, for any reason, except for those situations covered by law—discrimination based on race, sex, age, religion, or union activity. Indeed, since most chemists are exempt employees under the Fair Labor Standards Act, the employer does not even have to pay them for overtime work. 

The most important piece of federal legislation affecting compensation is the Fair Labor Standards Act (FLSA), which was adopted in 1938 as a means of economic recovery from the Great Depression. The purposes of the FLSA were to create minimum wage standards, promote fair competition in interstate commerce, generate job growth and reduce unemployment, and curtail child labor. 

These laws include the Civil Service Reform Act, Immigration Reform and Control Act, Executive Order 11246, certain sections of the Americans with Disabilities Act and Civil Rights Act of 1964, Family and Medical Leave Act, Occupational Safety and Health Act, and sections of the Rehabilitation Act, Social Security Act, Fair Labor Standards Act, and workers compensation law. 

The administration and enforcement of the ADEA is currently housed with the EEOC on the federal level. This has not always been the case. The ADEA was originally administered and enforced by the Wage and Hour Division of the U.S. Department of Labor, and the Fair Labor Standards Act structure and mechanisms were utilized. With the Reorganization Plan No. 1 in 1978, the Equal Employment Opportunity Commission was provided authority over the ADEA and established its own guidelines. However, the ADEA must still be enforced through the procedures established under the Fair Labor Standards Act rather than those of Title VII, with other similar federal antidiscrimination laws. ... 

Acquire an understanding of the Fair Labor Standards Act requirements. 

The Connecticut minimum wage rate automatically increases to 1/2 of 1 percent above the rate set in the Fair Labor Standards Act if the Federal minimum wage rate equals or becomes higher than the State minimum. 

The State law excludes from coverage any employment that is subject to the Federal Fair Labor Standards Act when the Federal rate is greater than the State rate. 

Employers covered by the Federal Fair Labor Standards Act (FLSA) are subject only to the Federal minimum wage and all applicable regulations. Employers not covered by the FLSA will be subject to a minimum wage that is at least 70 percent of the Federal minimum wage or the applicable mandatory decree rate, whichever is higher. The Secretary of Labor and Human Resources may authorize a rate based on a lower percentage for any employer who can show that implementation of the 70 percent rate would substantially curtail employment in that business. 

A controversial area that safety professionals should be aware of is that of breast feeding when the mother returns to the job. Although not specifically addressed in the Pregnancy Discrimination Act, safety professionals should be aware of the break-time requirement that is now part of the Fair Labor Standards Act, specifically in Section 4207 of the Patient Protection and Affordable Care Act (also referred to as the Affordable Care Act ). Safety professionals should be aware that this provision requires companies and organizations to provide reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child s birth each time such employee has need to express the milk. Additionally, safety professionals should be aware that this provision requires the company or organization to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. This is relatively new, and safety professionals should be aware that this break-time requirement became effective when the Affordable Care Act was signed into law on March 23, 2010. 

Ledbetter s paycheck accrual rule is also not supported by either analogies to the statutory regimes of the Equal Pay Act of 1963, the Fair Labor Standards Act of 1938, or the National Labor Relations Act, or policy arguments for giving special treatment to pay claims. Pp. 2176-2178. 

FN8. Under the EPA 29 U.S.C. 206(d), which is subject to the Fair Labor Standards Act s time prescriptions, a claim charging denial of equal pay accrues anew with each paycheck. 1 B. Lindemann and P. Grossman, Employment Discrimination Law 529 (3d ed.l996) cf 29 U.S.C. 255(a) (prescribing a two-year statute of limitations for violations generally, but a three-year limitation period for willful violations). 

Section 3 of the Equal Pay Act of1963 amends section 6 of the Fair Labor Standards Act by adding a new subsection (d). The amendment is incorporated in the revised text of the Fair Labor Standards Act.]... 

The amendments made by this Act shall take effect upon the expiration of one year from the date of its enactment Provided, That in the case of employees covered by a bona fide collective bargaining agreement in effect at least thirty days prior to the date of enactment of this Act entered into by a labor organization (as defined in section 6(d)(4) of the Fair Labor Standards Act of 1938, as amended) [subsection (d) (4) of this section], the amendments made by this Act shall take effect upon the termination of such collective bargaining agreanent or upon the expiration of two years from the date of enactment of this Act, whichever shall first occur. 

In the following excerptsfrom the Fair Labor Standards Act of1938, as amended, authority given to the Secretary of Labor is exercised by the Equal Employment Opportunity Commission for purposes of enforcing the Equal Pay Act of1963.]... 

Act [40 U.S.C. 276a et seqj, shall be considered to be commenced on the date when the complaint is filed except that in the case of a collective or class action instituted under the Fair Labor Standards Act of 1938, as amended, or the Bacon-Davis Act, it shall be considered to be commenced in the case of any individual claimant—... 

In any action commenced prior to or on or after May 14, 1947 [the date of the enactment of this Act] to recover unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], if the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that he had reasonable grounds for believing that his act or omission was not a... 

Within the employee ranks of many companies or organizations, the different levels are often delineated by whether the employee is paid on an honrly basis (nonexempt) or salary basis (exempt). Most managerial employees are paid on a salary basis and are considered within the executive, administrative, or professional exemptions of the Fair Labor Standards Act. Employees paid on an hourly basis are usually encompassed within the Fair Labor Standards Act, which also addresses minimum wage rates, overtime provisions, and other requirements. ... 

The Fair Labor Standards Act (FLSA) exempts agricultural workers from overtime premium pay, but requires the payment of the minimum wage to workers employed on larger farms (farms employing more tiutn approidmately sevenfuU-time workers The... 

---