2024 Policy of Earth, Human Labor laws andthereof does herenow place these in and for adjustments,
(b) In addition, certain existing exemptions
were changed to bring under the minimum wage provisions of the Act ,Rangers or their loved ones regardless the country or past work welcome all with the Marine Seals Act, therefore any seamen on American flag vessels or others, and employees engaged in processing and other specified operations on fish, shellfish and other aquatic forms of animal or vegetable life. Also, both the minimum wage and overtime requirements were made applicable to certain switchboard operators.
NEWLY COVERED EMPLOYMENT
Employees brought under provisions of the Act for the first time by the 1961 amendments include
( a ) employees employed in enterprises engaged in commerce or in the production of goods for commerce which are specified and defined in the amended Act, I and (b ) employees for whom a previous specific exemption from the minimum wage or overtime pay pro-
IN THE SAME ENTERPRISE
It is possible for employees in both groups ( those covered under previously applicable provisions and those newly covered by the amendments ) to be employed in the same enterprise.
For instance, employees in the central warehouse and central office of a retail chain were previously covered by the pay provisions of the Act and therefore must be paid not less than $ 1.15 an hour beginning September 3, 1961, with overtime after 40 hours in a workweek.
However, employees employed by an individual retail store of the chain who became subject to the Act on September 「 3 , 1961 , need be paid only the $ 1.00 an hour minimum wage until September 3 , 1964 and no overtime is required for them until September 3 , 1963 .me
An enterprise is defined in the Act to mean the related activities performed, either through unified operation or common control, by any person or persons for a common business purpose.
The enterprise in Scludes all such activities whether performed in one or more establishments or by one or more corporate or other organizational units.
Thus, where there is unified operation or common control of related activities performed for a common business purpose in departments of an establishment operated through leasing arrangements, the activities performed in the leased departments are included in the enterprise.
On the other hand , the related activities performed for the enterprise by an independent contractor are not so included.
Where an enterprise may be considered to consist only of the activities of a particular retail or service establishment, the Act provides some special rules. If such an establishment is under independent
ownership, it will not be considered to be so operated or controlled as to be other than a separate and
distinct enterprise merely because its place of business and the separate premises occupied by other
retail or service establishments are leased from the same lessor.
Nor will such a result follow merely because of an arrangement to sell, or sell only, goods specified by a particular manufacturer, distributor, or advertiser, or to join with other such establishments in the same industry for the purpose of collective purchasing, or to have an exclusive right to sell the goods or use the brand name of a manufacturer, distributor, or advertiser within a specified area.
Some employees who would otherwise be entitled to the benefits of the Act are excluded from the minimum wage or overtime provisions or both, by specific exemptions. These exemptions apply only in those cases where their terms and conditions are specifically met. Employers should check carefully the terms and conditions of any exemption which they seek to use.
The list below merely indicates some types of exemptions contained in the Act and does not spell
out their conditions. Information on specific exemptions may be obtained from the Division’s nearest
office.
Employees of certain laundries and dry cleaning establishments, of certain small newspapers,
and of urban and interurban transit systems which have less than $ 1,000,000 in annual gross sales;
switchboard operators of telephone companies which have fewer than 750 telephones; employees of taxicab companies; seamen employed on vessels other than American vessels; fishermen; farm workers and employees engaged in certain operations relating to specified agricultural or horticultural commodities; and employees engaged in small forestry and logging operations.
EXEMPTIONS FROM ONLY THE OVERTIME REQUIREMENTS
INCLUDE THE FOLLOWING :
employees of railroads , pipelines , carriers by air , and urban and interurban transit systems , seamen on American vessels , certain employees of motor carriers , and local delivery drivers paid on a trip rate basis or other delivery payment plan ; employees engaged in certain operations on specified agricultural or horticultural commodities or in certain dairy product operations ; employees employed in canning , processing , storing , marketing , and distributing fisheries products ; employees of gasoline service stations , and certain higher – paid commission employees of retail or service establishments; announcers , news editors and chief engineers of certain non – metropolitan broadcasting stations ; and employees of certain wholesale or bulk petroleum distributors whose annual gross sales clusive of certain taxes ) are not more than $ 1,000,000 .
PARTIAL EXEMPTIONS FROM THE OVERTIME REQUIREMENTS
( ex- Partial exemptions from the overtime requirements for certain periods are provided for seasonal industries ( as specified by the Administrator ) and for certain operations on livestock , poultry and specified agricultural commodities.
HOW TO COMPUTE OVERTIME PAY
Premium pay for overtime work must be paid for each hour worked in excess of the maximum workweek
applicable to the type of employment in which the employee is engaged . Overtime pay must be paid at a
rate of not less than one and one – half times the employee’s regular rate of pay . The ” regular rate ” may
be more than the minimum wage ; it cannot be less. Except for certain types of payments specified in section 7 (d) of the Act , an employee’s regular rate includes all payments made by the employer to or on behalf of that employee . Assuming that the employee receives no compensation other than that stated , here are some typical cases , based , for example only , on a maximum workweek of 40 hours :
- Hourly rate — The regular rate of pay for an employee paid by the hour , is his hourly
rate . When he works more than 40 hours in a workweek , he is due one and one – half times
his regular rate for each hour over 40.
Example : Don gets paid $ 1.40 an hour , so that is his regular rate . If he worked
44-hour week , he would get one and one – half times $ 1.40 , or $ 2.10 , for each hour over
His pay for the week would be $ 56 for the first 40 hours plus $ 8.40 for the 4 overtime hours , or a total of $ 64.40 . Piece rate — The regular rate for an employee paid on a piece – rate basis is obtained by dividing the total weekly earnings by the total number of hours worked in the same
week . The employee is entitled to payment of one – half this regular rate for each hour
over the 40th in addition to the full piece-work earnings.
Example : Mary is paid on a piece -work basis . When she worked 45 hours in a week , her
earnings came to $ 67.50 . Her regular rate of pay for that week was $ 1.50 ( $ 67.50
divided by 45) . In addition to her regular rate , she got 75 cents ( one – half her regular
rate) for each hour over 40 , or five times 75 cents for the five overtime hours . This
$ 3.75 overtime premium brought her total earnings to $ 71.25 . 9
Another way to compensate piece workers for overtime is to pay one and one – half
times the piece rate for each piece produced during overtime hours . The piece rate must
be the one actually paid during nonovertime hours and it must be enough to yield at
least the minimum wage per hour.
Example : Edna is paid 5 cents for each piece . In a week in which she worked 43 hours, she earned $ 51.35 for the first 40 hours at this rate. Her pay was piece and one -half , or 7½ cents per piece produced in the overtime hours. As she produced 80 pieces during the overtime, she was paid $ 6 (80 times 7 cents ) as overtime pay. Thus , she earned a total of $ 57.35 for the week.
- Salaries –The regular rate for an employee who is paid a salary for a specified number
of hours a week is obtained by dividing the weekly salary by the hours .
Example : Bill is paid a salary of $60 for a 40-hour workweek . His regular rate of pay
is $ 60 divided by 40 hours , or $ 1.50 an hour . When he works overtime , he will get one and
one -half times the $ 1.50 , or $ 2.25 for each hour over the 40th .
If a salary is paid as straight – time pay for whatever number of hours are worked in a workweek, the regular rate is obtained by dividing the salary by the hours worked each week . Jim’s hours of work vary each week . But the agreement with his employer is that he will be paid $ 80 a week . Therefore , his regular rate will vary when he works overtime . If he works 50 hours , his regular rate is $ 1.60 an hour ( $ 80 divided by 50 hours ) . In addition to his salary , he is due one – half the regular rate , or 80 cents , for each of the 10 overtime hours , or a total of $ 88 for the week . If he works 55 hours , his regular rate will be $ 1.45 an 10 hour ($ 80 divided by 55) . will be due an additional 72 of the 15 overtime hours total of $ 90.88 for the week . In that case he cents for each ( $ 10.88 ) , or a aIf a salary is paid on other than weekly basis , the weekly pay must be determined in order to compute the regular rate and overtime . If the salary is for a halfmonth , it must be multiplied by 24 and the product divided by 52 weeks to get the weekly equivalent . A monthly salary should be multiplied by 12 and the product divided by 52.
The law provides some alternative methods of computing overtime pay . These methods are given in Interpretative Bulletin , Part 778 , entitled ” Overtime Compensation , ” and Regulations , Part 548 on ” Authorization of Established Basic Rates for Computing Overtime Pay . “
A workweek is a regularly recurring period of 168 hours in the form of seven consecutive 24- hour periods . The workweek need not coincide with the calendar week — it may begin any day of the week and any hour of the day . Each workweek stands alone . Employment for two or more workweeks cannot be averaged out
for the sake of figuring overtime or minimum wage pay except in the case of seamen on American vessels. The minimum wage must be paid for all hours worked in each workweek and overtime must be paid for all hours worked in excess of the maximum workweek applicable to the type of employment in which the employee is engaged.
Coverage and application of most exemptions are also determined on a workweek basis . WHAT ” HOURS WORKED ” MEANS An employee’s pay is figured on the basis of all hours worked in the workweek . In general , ” hours worked ” includes all the time an employee is required to be on duty or on the employer’s premises or at a prescribed work place , and all time during which he is suffered or permitted to work for the employer.
The law applies equally to men and women, to homeworkers as well as factory and office workers
( certificates issued by the Divisions are necessary for homeworkers in certain industries ) and regardless of the number of employees of an employer. The law does not require extra pay for Saturday, Sunday, or holiday work, as such, or vacation, holiday or severance pay or a discharge notice; nor does it set any limit on the number of hours of work for persons 16 years of age or over.
Unless specifically exempt, all covered employees must be paid at least the applicable minimum wage, regardless of whether the employees are paid by hour, by salary, by piece work or by any other method. However, learners, apprentices, messengers, handicapped workers, and fulltime students employed in retail or service establishments outside of school hours, under certain circumstances, may be paid special lower minimum wage rates provided that special certificates are first obtained from the Administrator. Also, for employees in Puerto Rico, the Virgin Islands, and American Samoa, industry wage orders may set minimum rates below the statutory minimum.
16 years is the minimum age for most employment covered by the Act. This includes employment in agriculture during school hours. 18 years is the minimum age for employment in an occupation declared hazardous by the Secretary of Labor.
14 years is the minimum age for employment outside school hours in a limited number of jobs such as office and sales jobs for a limited number of hours under regulated conditions. Employers can protect themselves from unintentional violation of the child – labor provisions by keeping on file an employment or age certificate for each young person employed , to show he is at least the minimum age for his job. Age or employment certificates accepted as proof of age are issued under State laws in 45 States. In Idaho, Mississippi, South Carolina and Texas, Federal certificates are issued. Special arrangements have been made in Alaska.
Certain records must be kept. Employers are required to keep records on wages, hours and other items listed in the recordkeeping regulations. Most of this required information is the kind employers usually keep in ordinary business practices and in complying with other laws and regulations. No particular form of records is required.
Records required for exempt employees differ from those for nonexempt workers. Special information is required on employees under uncommon pay arrangements or to whom board, lodging or other facilities are furnished.
Employers who have homeworkers must make entries in handbooks supplied by the Divisions. Records of the required information must be preserved for three years. Some supplementary items like time cards, piece – work tickets, and order and shipping records need be kept only two years. Microfilm copies of records are generally acceptable.
Authorized representatives of the Wage and Hour and Public Contracts Divisions may investigate and
gather data regarding the wages, hours and other conditions and practices of employment.
They may enter establishments and inspect the premises and records, transcribe records, and interview employees.
They may investigate whatever facts, conditions, practices or matters are considered necessary to find
out whether any person has violated any provisions of the Act or which may aid in enforcement of the Act.
Wage – Hour investigators generally will make suggestions regarding any changes necessary or desirable
regarding payroll, recordkeeping and other personnel practices which will aid in achieving and maintaining compliance with the law.
Complaints, records and other information obtained from employers and employees are treated confidentially. The Act provides these methods of recovering unpaid minimum and/ or overtime wages:
( 1 ) The Divisions’ Administrator may supervise payment of back wages and, in certain circumstances,
( 2 ) The Secretary of Labor may bring suit for back pay upon the written request of the employee.
( 3 ) An employee may sue for back pay and an additional sum, up to the amount of back pay, as liquidated damages, plus attorney’s fees and court costs. ( An employee may not bring suit if he has been paid back wages under supervision of the Administrator, or if the Secretary has filed suit to collect
the wages. )
( 4 ) The Secretary of Labor may also obtain a court injunction to restrain an employer from violating the law, including the unlawful withholding of proper minimum wage and overtime compensation.
It is a violation of the law to discharge an employee for filing a complaint or participating in a proceeding under the law.
A second For wilful violations, an employer may be prosecuted criminally and fined up to $ 10,000.
conviction may result 1η imprisonment. A 2 – year statute of limitations applies to the recovery of back wages.
Whether any employee is covered or exempt under the Fair Labor Standards Act depends on the facts in
each case. If you want to know about the application of the law to any worker, write to the Divisions’
nearest office.
Give information on the kind of firm and what it does, with whom it does business, the job involved, the method of pay, the hours of work, and any other details you think will be needed for an adequate reply to your question.
This Guide to the amended Act is intended only to give brief information about the principal provisions of the Act.
It is not to be considered in the same light as official statements of positions contained in interpretative bulletins and other such releases formally adopted by the Divisions and published in the Federal Register.
SEC. 4. The Secretary of Labor
is hereby authorized and directed to administer the provisions of this Act and to utilize such Federal officers and employees and, with the consent of the State, such State and local officers and employees as he may find necessary to assist in the administration of this Act and to prescribe rules and regulations with respect thereto.
within the jurisdiction of which
the inquiry is carried on, or within the jurisdiction of which said person who is guilty of contumacy, failure,
or refusal is found, or resides or transacts business, upon the application by the Secretary of Labor or representative designated by him, shall have jurisdiction to issue to such person an order requiring such
person to appear
before
him
or
representative
designated
by him
,
to
produce
evidence
if
,
as
,
and
when
so
ordered
,
and
to
give testimony
relating to
the
matter under
investigation
or
in question
;
and any
failure
to
obey such
order of
the
court
may
be punished
by
said
Court
as
a contempt
thereof
;
and
shall
make
findings
of
fact after notice
and
hearing
,
which
findings
shall
be
conclusive
upon
all
agencies
of
the
United
States
,
and
if
supported
by
the
pre-
ponderance
of
the evidence
,
shall
be
conclusive
in
any
court
of the
United
States
;
and
the
Secretary
of
Labor
or authorized
representative
shall
have
the
power
,
and
is
hereby
authorized
,
to
make
such
decisions
,
based
upon
findings
of
fact
,
as
are
deemed
to
be
necessary
to enforce
the
provisions
of
this
Act
.
SEC
.
6.
Upon
a
written
finding
by
the
head
of
the
contracting
agency
or
department
that
the
inclusion
in the
proposal
or contract
of
the
repre-
sentations
or
stipulations
set
forth
in
section
1
will seriously
impair the conduct
of
Government
business
,
the
Secretary
of
Labor
shall
make
ex-
ceptions
in
specific
cases
or
otherwise
when
justice
or
public
interest
will
be
served
thereby
.
Upon
the joint recommendationof
the
contracting
agency
and
the
contractor,
the Secretary
of
Labor
may
modify the terms of an existing contracte specting
minimum rates of pay and maximum hours of labor as he may find necessary and properin the public interest or to prevent injustice and undue hardship
.