The Fair Labor Standards Act of 1938 The Fair Labor Standards Act of 1938 was federal legislation enacted in 1938 by Congress. The statutes major provisions included creating a national minimum wage, assured "time-and-a-half" for overtime in certain jobs and child labor. These provisions were put in place and endorsed by Congress to stimulate the economy and protect workers. In efforts to ensure the act was enforced, FLSA also created the Wage and Hour Division, which is within the Department of Labor. In addition to FLSA, many states have enacted their own labor laws, which set higher minimum wage, sterner overtime rules and their own set of child labor rules. Employers must comply with both federal and state laws. FLSA created two classifications of employees for minimum wage and overtime purposes. The classifications are exempt employees and non-exempt employees. The FLSA provisions apply differently to employees based on the classifications. Employers must comply with FLSA …show more content…
But, these employees in agriculture are exempt from the overtime requirements of the FLSA. Exemptions Section 13(a) of the Fair Labor Standards Act provides an exemption, from both the minimum wage and overtime requirements of the act, for bona fide executive, administrative, and professional employees. In order to qualify for the EAP exemption under the current guidelines, employees must fulfill certain duties tests and be paid a salary no less than $455 per week. The Wage and Hour Division of the Department of Labor, enforces the FLSA, provides criteria that must be met in order for jobs to be exempt from minimum-wage and overtime provisions. Major Amendments to the FLSA Since the Fair Labor Standards Act passed in 1938, it has been revised several times. The changes usually increase the basic minimum wage, elaborate coverage in the act,