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Fair Labor Standards

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The Fair Labor Standards Act of 1938 (FLSA) was created to ensure fair work practices for employees pertaining to the minimum wage, overtime pay, record keeping, and child labor standards. The Act protects employees, both part-time and full-time, in the private, federal, state, and local sectors. 

While other laws protect employees, it is critical for any employment issue that your employer is abiding by the fundamental standards of the Fair Labor Standards Act. 

What is included in the Fair Labor Standards Act?

The FLSA defines the following: 

It is critical for employees and employers alike to understand that the Fair Labor Standards Act provides the minimum requirements for employment. States and employers can create their guidelines as long as they are not harmful to employees, discriminatory, or contradict current legislation. 

Who is covered under the FLSA?

Under the Fair Labor Standards Act, all employees that engage in “interstate commerce, producing goods for interstate commerce, or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person,” are covered under the Act.

Employees who are not covered under the FLSA may still be subject to minimum wage, overtime pay, record keeping, and child labor provisions as set forth by the Act if they are employed by a company that engages in interstate commerce in any of the above forms. 

Those who are employed as domestic service workers such as day workers, housekeepers, chauffeurs, cooks, or full-time babysitters are covered under the Fair Labor Standards Act if:

Knowing if you are subjected to the provisions of the Fair Labor Standards Act can be complicated, especially if the business is small or new. However, if you feel that you are not being treated fairly, you have a right to seek guidance from your HR or an employee rights attorney in your state.

Fair Labor Standards Act Violations: Brown Kwon & Lam

If you are employed in New York State and believe your employer is not abiding by the principles of the Fair Labor Standards Act, you need the guidance of a trusted employee rights attorney. We will review your minimum wage or overtime pay violations, investigate errors in record keeping, and ensure that child labor standards are being followed. Contact the New York employee rights attorneys of Brown Kwon & Lam today.

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