What Is the Meaning Of Fair Labor Standards Act & Its Importance

What Is the Meaning Of Fair Labor Standards Act & Its Importance

Fair Labor Standards Act India: What Is Fair Labor Standards Act of 1938

The Fair Labor Standards Act is an act that established some regulations and standards to be followed regarding minimum wage, overtime pay eligibility, recordkeeping, and, of course, child labor that needed to be followed by every employee, whether full-time or part-time, irrespective of any sector.

Table of Content

• What is the History of Fair Labor Standards Act?
• What Violates the Fair Labor Standards Act
• Who Gets Affected by the Fair Labor Standards Act
• Can the Employee''s Scheduled Number of Work Hours Be Changed?
• What Are the FLSA Standards for Overtime
• What Are the Rules of the FLSA
• What Are Labor Standards Act No 49 of 1947
• What Is the FLSA in HRM?

What is the History of Fair Labor Standards Act?

The Fair Labor Standards Act originally started under President Franklin Roosevelt''s New Deal, which had a great impact in the United States. In India, the labor laws later appeared due to the bad condition of workers in many organizations.

The first to deal with the issues of labor was the International Labour Organization (ILO). ILO was an agency which followed the Treaty of Versailles which ended World War I.

Post World War, there was required some labor union protection. In 1918, in Great Britain, a commission under the name of Whitley Commission recommended ""industrial councils"" to be established in all countries.

They made 10 proposals to it, including that children under 14 years of age won''t work as laborers. The work hours will be 44 throughout the week, which later changed to a 40-hour work week, and there was a demand for equal pay for men and women working in the same position.

The FLSA is still in existence today and you can view it in Fair Labor Standards Act news.

What Constitutes a Violation of the Fair Labor Standards Act

Discharging an employee or discriminating against them in any manner because they have filed a complaint or participated in a hearing is a violation of the Fair Labor Standards Act.

Besides this, the wage and hour division needs to be proper, or else there can be an investigation against it, starting by complaints. Still, they pose some sort of threat, despite being illegal, of being discriminated against within the organization. Hence, they''re always kept confidential.

Nothing with respect to the complainant''s name and the type of complaint it is, is ever disclosed. Although there can be an exception to it, when the case requires us to reveal these details, they''re disclosed only with the permission of the complainant.

Who Gets Affected by the Fair Labor Standards Act

These laws come into effect for full-time and part-time employees in either public or private sectors.

It also includes people working overtime, who must be compensated for their working hours on time according to the Fair Labor Standards Act for overtime. Also, all employees should fill in a time and attendance record so that it can comply with the Fair Standards Act.

Can an Employee''s Scheduled Hours Be Changed?

Yes, it does permit the FLSA to change the schedule of the employees.

Every employer may at times change your schedule since there may be an obligation to that effect. However, if this is done too often to prevent a healthy balance between work and personal life, you have every right to raise a complaint to resolve this issue.

The best way is by engaging your boss in a conversation on the matter.

If this does not resolve the issue, talk to the HR and try to solve this issue internally.

But if none of those works either, then it''s time that you should seek legal advice and if you suspect that there are chances that your employer might also be violating the labor laws, then you can also consider talking to a legal professional.

What Are the FLSA Standards for Overtime

According to the Fair Labor Standards Act, if your employee has worked for over 40 hours, which is approximately one and a half days of work, then they deserve overtime pay and on time.

On top of that, that overtime pay rate must not be less than the time and one-half of the rate that he would get for his regular duties.

The regulations by FLSA include:

• Children under the age of 14 should not be given any more work, other than in farm fields and the family business.
• The working hours are approximately 40 hours per week (1 and a half days); if it exceeds that, then the employer should pay them overtime.
• An employer reserves the right to reschedule his/her employee''s day as per the needs.
• The remuneration of men and women for equal work is equal.
• This complaint is filed by the employee, so the investigation of the complaint of the employer if they are violating the rules of FLSA should not discriminate or fire. However, these complaints will remain confidential at all times unless there should be some good reason for revealing the information of the person who files the complaint; that is also taken if permission has been obtained from him or her.

What Is Labor Standards Act No 49 of 1947

According to the Labor Standards Act No 49 of 1947, an employer cannot dismiss a worker during a period when they''re absent from work due to medical treatments.

What is FLSA in HRM?

We have discussed the same law as mentioned above; these laws are subjected to fair labor wages, hours, and preventing any discrimination in the workplace due to pay.

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