Whom Does The Fair Labor Standards Act Cover?

In order for the FLSA to apply there must be an employment relationship between an employer and an employee. An employee, as distinguished from a person who is engaged in a business of his or her own, is one who, as a matter of economic reality, follows the usual path of an employee and is dependent on the business which he or she serves. There are exemptions. Some employees are exempt from the overtime pay provisions, some from both the minimum wage and overtime pay provisions and some from the child labor provisions. Exemptions are narrowly construed against the employer asserting them. Therefore, employers and employees should always closely check the exact terms and conditions of an exemption in light of the employee`s actual duties before assuming that the exemption might apply.

Other Business Law FAQs

Q: What Does The Civil Rights Act Of 1964 (Title VII) Govern?
A: Title VII prohibits discrimination in employment including public accommodations, governmental services and education. An employer cannot fail or refuse to hire or … More
Q: Who Does The Civil Rights Act Of 1964 Cover?
A: Employers with 15 or more employees, affecting commerce, and whose employees have been employed for each working day in each of 20 or more calendar weeks in the … More
Q: What Administrative Body May Impose Remedies For A Violation Of The Civil Rights Act Of 1964?
A: The Equal Employment Opportunity Commission (EEOC) administers and enforces Title VII. The EEOC has the power to investigate, litigate and resolve unfair employment … More
Q: Whom Does The Labor Management Relations Act Cover?
A: Generally, the LMRA covers the private sector. Government agencies are excluded. Two exceptions are national banks and mail contractors. Because of this, states have … More
Q: What Does The Fair Labor Standards Act Govern?
A: The Fair Labor Standards Act (FLSA) sets minimum wage, overtime pay, equal pay, record keeping requirements and child labor standards. As of December 2000, workers … More
Q: What Does The Labor Management Relations Act (Lmra) Govern?
A: Four major historical statutes make up what is now known as the Labor Management Relations Act. The cornerstone of the LMRA provides that protected employees shall … More
Q: What Administrative Body May Impose Remedies For A Violation Of The Labor Management Relations Act?
A: Because the LMRA was enacted to maintain industrial peace for the benefit of the public, enforcement is geared to be more remedial in nature than punitive. The NLRB … More
Q: What Administrative Body May Impose Remedies For A Violation Of The Fair Labor Standards Act?
A: With the exception of certain federal employees, the administration and enforcement of the FLSA is the responsibility of the Department of Labor`s Wage and Hour … More
Q: What Does The Rehabilitation Act Of 1973 Govern?
A: The stated purpose of the Rehabilitation Act is to endorse economic independence of handicapped persons. This is done through the employment of people with … More
Q: Who Does The Rehabilitation Act Of 1973 Cover?
A: The Rehabilitation Act covers handicapped persons in the federal government, federal government programs or an employer who contracts or subcontracts with the federal … More