The Fair Labor Standards Act


In an effort to help bring an end to the Great Depression by generating jobs, Congress enacted the Fair Labor Standards Act of 1938 (?FLSA?), 29 U.S.C. §201 et seq. The FLSA?s stated purposes are, in essence, to prevent the exploitation of workers and to facilitate fair competition and efficiency in interstate commerce. 29 U.S.C. §202(a).

The FLSA sets standards for minimum wages, maximum hours, overtime pay, child labor, and record keeping. Amendments to the FLSA, in the form of the Portal-to-Portal Act, 29 U.S.C. §251 et seq., and the Equal Pay Act, 29 U.S.C. §206(d), added provisions addressing travel time and equal pay for women.

Despite its broad scope, the FLSA does not address issues such as vacations, holidays, rest periods, or premium pay for work on holidays, weekends, and work in excess of eight hours per day.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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