Analysis Of OSHA And FLSA

For centuries, there has been a common relationship between employers and employees. Over the course of that time, the workplace and the jobs within it have evolved as new jobs were created, ways to execute tasks became more advanced and laws were enacted to put into place fair employment for those in the workforce. In 1938, congress would pass and President Roosevelt would sign the Wages and Hours Bill, more commonly known as the Fair Labor Standards Act of 1938 (FLSA). This federal statute introduced a 44 hour, seven day work week, established the national minimum wage, guaranteed overtime pay in specific types of jobs at a rate of “time and a half”, and it defines oppressive child labor, which prohibits most employment of minors. The FLSA applies to those employees engaged in interstate commerce or in the production of goods for commerce, unless the employer can claim an exemption from coverage.

This case is followed by the laws and regulations of OSHA. OSHA (Occupational Safety and Health Act) is an organization that has been put into place to ensure the safety of employees while on their jobs. These regulations are put into place to help reduce the number of on the job injuries and deaths.

The Occupational Safety and Health Act (OSHA), often referred to as the "OSH Act," was enacted in 1970 by President Richard M. Nixon. Its purpose is to assure safe and healthful working conditions for men and women (EPA, 2006). The Act is administered and enforced at the national level by the Occupational Safety and Health Administration, a division of the US Department of Labor. The application of the OSH Act in the current employment climate will be discussed as it applies to a variety of industries; considerations that are most applicable to the specific type of industry will be discussed initially, and those that are equally important regardless of the type of business will complete the section. Finally, this paper will discuss how the

“Everyone has the right to a safe workplace. The law requires employers to provide their employees with working conditions that are free of known dangers. Employers MUST provide their employees with a workplace that does not have serious hazards and follow all relevant OSHA safety and health standards. You cannot be transferred, denied a raise, have your hours reduced, be fired, or punished in any other way because you used any right given to you under the OSHA Act.”

The OSH Act of 1970 came about following a congressional finding that personal injuries and illnesses arising out of work situations impose a “substantial burden upon, and are a hindrance to, interstate commerce in terms of lost production, wage loss, medical expenses, and disability compensation payments”. Congress declared it to be within its rights, by virtue of its power to regulate commerce, to assure all people safe and healthy working conditions and to preserve human resources.

Not getting paid for hours worked laws provide that employers must abide by the Fair Labor Standards Act (FLSA) to ensure that all employees are paid for those hours worked. However, many states have their own state laws regarding overtime pay; but the FLSA sets the minimum standard. States can in fact provide additional financial compensation to employees above the FLSA if they choose to do so.

Overtime: Federal overtime provisions can be found in the Fair Labor Standards Act (FLSA). Employees who are not exempt from overtime regulations are covered by the Act and employers are required to provide them with overtime pay for hours worked

As per to the Fair Labor Standards Act (FLSA), employees must get overtime pay for extra hours worked over the 40 hours per week requirement. The law also indicates that those who are exempt from the overtime pay must have an annual minimum salary of USD 23, 660 ("Overtime Pay", 2017). Two years ago the United States Department of Labor (DOL) started updating a new rule on the overtime pay which would have seen the minimum annual exempt salary doubled to USD 47, 000 (Merritt, 2017). However, the law failed to take effect after 21 states filed petitions to halt the implementation of the law and a federal judge in Texas stopped its implementation (Nagelle-Piazza, 2016). In July 2017, the U.S Department

The FLSA regulates this to ensure that the employers are paying fair wages to their employee’s. FLSA also regulates hours worked by an employee to ensure that an employer is paying time and one half for all hours worked past forty in a work week. Minimum wages are different in some states. Many states also have state minimum wage laws.

The federal minimum wage rate is $7.25 per hour. Another provision with this law permits an automatic increase in the pay wage when the federal rate increases. The Texas Minimum Wage Law also requires that employers give employees a wage statement with every paycheck. This statement must show how many hours an employee has worked, the overtime, and how much the employee was paid. This law aims to ensure that any employees regardless of their pay range are treated equally. A company can comply with this law by providing software to prepare the pay stubs for each employee and save a copy of each payment for the companies record for future references. Violators are prosecuted criminally and fined up to $10,000. A second conviction may result

The Occupational Safety and Health Act of 1970 (OSHA) was developed and approved because of the escalating costs of accidents and illnesses in the workplace. According to Gomez-Mejia, Balkin, and Cardy (2010), OSHA is a national law that requires organizations to offer a safe and healthy workplace, to conform with particular occupational and health standards, and to document job-related injuries and diseases.

The Fair Labor Standards Act, or FLSA, was initiated in 1938 to inaugurate minimum wage and overtime pay, documentation and worker registration, and child labor standards. It currently states that all employees are authorized to a minimum wage of no less than $7.25 per hour. It also explains that overtime pay is to not be less than one and a half times the regular pay after the 40 hours of required work per week. There is no restriction on the amount of hours that employees 16 years or older are able to work in a week and does not necessitate overtime pay for work on the weekends, holidays, or established days of break, except if overtime is worked on those days.

The Fair Labor Standards Act sets the minimum wage rate and requires employers to pay employees overtime for any hours worked over 40 per week. The Fair Labor Standards Act also requires employers to pay employees one and one-half times their regular pay per hour for overtime hours worked. Under the Fair Labor Standards Act jobs are either exempt on non-exempt. Non-exempt employees are entitled to overtime pay under the Fair Labor Standards Act. Exempt employees are not covered under the Fair Labor Standards Act. Under the Fair Labor Standards Act an exempt employee is entitled to receive their base salary. In order for an employee to be considered exempt the employee must earn at least $455 per week and paid on a salary basis along with performing

The Fair Labor Standards Act (FLSA), also known as the federal wage and hour law, covers laws regarding: equal pay to equal work, child-labor, requirements for record keeping, minimum wage rates, and overtime pay. In the hospitality business, the FLSA requires all hotel and motel employees to be paid 1.5 times their normal wage rate for every more that is worked over 40 hours per week. Since hotels are open 24/7, the FLSA does not require employees to get paid extra for working on weekend like other businesses would. However, some Union companies have different policies that favor the employees more, and in this case, the company would follow the union rules instead of those set by the FLSA. In cases that state laws differ from federal, hotel would comply with the laws that provide greater benefits for the employees. “The FLSA requires employee to be paid for all time worked, including fractions of an hour” (Cote). Many employers will not compute each minute nor second worked but instead will break the hour into

The employer also has to comply with all standards, rules, and regulations that are set forth by OSHA and the OSH Act. Employers are required to inspect the workplace to insure they are up to OSHA standards. Insure that employees are only using safe tools and equipment that are in their proper condition. It should be easy for the employees to be aware of potential hazards by the employer posting signs, using color codes, labels, or signs to convey warning. Employees must be trained in a language that they understand. Operating procedures must be in place and properly communicated to the employees to assure the employees follow safety and health standards. Employers that house or use hazardous chemicals will be required to have hazardous communication program and for that all the employees to be trained on exposure and precautions. Employers are to fund medical exams if required by OSHA standards. The OSHA poster must placed in a prominent location at the workplace. Records need to be kept of work-related injuries and illnesses. The log of these injuries and illnesses need to made available on February 1st for three months. Assure employees have access to medical and exposure records. Provide a workplace free of discrimination. OSHA citations must be posted at or near the work area where the infraction occurred. The citation must be in place for three working days or until the