Fair Labor Standards Act: A Case Study

The Ontario Labour Relations Board (OLRB) is an independent, quasi-judicial tribunal mandated to mediate and adjudicate a variety of employment and labour relations-related matters under a number of Ontario Statutes.

It is alarming to know that each year there are over 4,500 scaffold injuries and 65 deaths (Occupational Safety and Health Administration [OSHA], 2016). In addition, there is a high risk for construction workers to be struck from objects falling off scaffolds. With these facts in mind, the Occupational Safety and Health Review Commission’s (OSHRC) 2013 case of the Secretary of Labor v Performance Contracting, Inc. (PCI) raises questions as to why violations of OSHA’s scaffold standards are sometimes considered “other-than serious.” Understanding that OSHA gives the Secretary of Labor the tasks of rulemaking and enforcement of its rules, it also gives the task of carrying out the legal process to the commission which both parties accepted, as well as PCI “engaging as a business affecting interstate commerce” (Secretary of Labor v. PCI, 2013, pp. 2-3). Knowledge of the case’s background, parties involved, arguments presented, cases used to reach a verdict, and final ruling provide insight to the penalties assessed, significance, and personal opinion.

fact, when U.S. senators requested the Labor department investigate the matter, they found lawsuits that went all the way back to 1999 for the same type of behavior (Egan, 2016). According to the Fair Labor Standards Act of 1938 the maltreatment behavior of the Wells Fargo managers against their employees was unlawful, this act was created to protect employees from being forced to work extra hours for little or no pay and instead guaranteed time-and-half rates for anything over a 40-hour workweek (Thomas, 2014). In response to these claims Wells Fargo issued a statement that insists they comply with the FSLA and that their employees are paid fairly. However, once again Grourley testified that during his time with the bank, managers would

For this project, I was a member on the union team and we were to bargain for a new labor contract for our union, the United Chemical and Plastic Workers (UCPW), with our employer, the Harper Container Corporation (HCC). I participated in Week 9 as our Chief negotiator.

Yes, this is a direct violation of Equal Pay Act. The EPA states that there should not be pay discrimination based on gender (Fredrickson, 2015). There is clearly pay discrimination toward the female employee. Ms. Julia Kate performance has been outstanding and she is clearly qualified for the position she holds. The organization has recently hired a male making $10,000 more than Ms. Kate without giving her a raise or a reason to the significance in the salary difference. Also, the counseling center recently hired two unlicensed males that start off making the same salary that Ms. Kate makes and she has been employed with the company over six years. Following some of the responsibilities and performances by Kate, it is clear that she has

The Fair Labor Standards Act has been amended many times and is virtually an ever-changing law, however, it does not cover all employees. There are several classes of “exempt” employees, including salaried employees in the executive/managerial, administrative, and professional areas. Outside salespeople are also considered exempt. One of the issues facing companies today is knowing which employees are exempt and which are non-exempt. There are tests to determine if an employee is exempt. In 2004 the tests changed to a standard test, which is whether or not the employee’s salary is $455/week or greater and the duties test, which allows for exempt status if more than 50% of the work performed by an individual is “exempt work.” (Pass and Broadwater) Exempt employees do not receive overtime pay, which can be a substantial cost savings to a company. My previous employer required that an exempt manager close the center each night even though we had non-exempt team leads who acted as managers in most capacities. The reason was to avoid overtime costs.

Unions have made a monumental impact on today’s working conditions, before unions were established working conditions were poor, unsafe and had no vacations or holidays. It wasn’t until 1886, when Samuel Gompers created the American Federation of Labor that employers could do and treat employees however they pleased. Samuel Gompers set the union movement into motion, which later helped establish the Sherman Anti-trust Act in 1890. The act helped protect individuals from monopolies created by big businesses. The Clayton Act was established in 1914, allowing the workforce to organize and shortly after in, 1932 the union gained power with the creation of the Morris La-Guardia Act (Scalza, 2008). These establishments played a crucial role in helping to

Employment relationship is the legal link between employers and employees (Organization, 2016). There is an economic exchange between the employer and employee as they perform the work and services, with certain conditions (Corporation, 2012). A power relationship on the other hand is when the employee agrees to submit to the authority and direction of the employer. The employment relationship is a continuous and open-ended contract, it allows the employees to modify and restrict the work effort and can combine collectively to challenge managerial authority. Therefore, the relationship is interdependent in nature, as employers seek a cooperative relationship with employees to gain their consent to instructions. The purpose of employment relationships is to deal with the employees and the issues that arise from their employment.

Wages and work hours are regulated in employment. Wage and hour is usually controlled by the U.S. Department of Labor at the federal level. Over time and minimum wage are some of the things established under wage and hour law. Wage and hour law that’s set at the federal level is done by the Fair Labor Standards Act (FLSA). However, other factors can impact the minimum wage. Wage and hour laws can differ from state to state and even city to city. A vote to create a “living wage” has been a popular idea in many cities. $7.25 per hour is the federal minimum wage currently. Employees who work more than forty hours a week get paid overtime. FLSA standards require overtime pay to be one and a half times the regular pay rate. In 2016 the Department

The Fair Labor Standards Act of 1938, as amended is also referred to as "the Act" or "FLSA". The Act provides for minimum standards for both wages and overtime entitlement, and spells out administrative procedures by which covered work time must be compensated. FLSA also include provisions related to child labor, equal pay, and portal-to-portal activities. A general overview of FLSA is that it establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local government. In 1974 the Fair Labor Standards Act began applying to employees of the United States Federal Government. ( para.1, 2,”

Today we are fortunate to have laws to protect us from being forced to work excessive hours without being fairly compensated. We have laws to protect our children from being forced to work at an early age and these laws protect us from working in unsafe and unhealthy conditions. In 1938 our 32nd president Franklin D. Roosevelt was able to have the “Fair Labor Standards Act” passed and signed into law. This piece of legislation was a land mark in our history. It banned most child labor; it set a minimum hourly wage and set the standard work week. This was the beginning that made employers develop records to keep track of the wages that they paid to their employees and records of the hours the employees were working.

According to the Government of BC website, the Employment Standards Act is provincial legislation put in place to protect the rights and freedoms of BC workers and employers (2011). Furthermore, the Act itself exists to ensure that there are basic standards for employment throughout our province, as well as allowing both employees and employers to be protected by these standards in the case of a dispute (bclaws.ca, 1980). The act includes regulations which outline employee’s rights with regards to such things as minimum wage; overtime and vacation pay. It is imperative for human resources professionals to understand this Act - as it not only protects organizations legally, but it

Along with the consequences that it would have on urban areas. Goldschmidt also felt that “the regulations of the Labor Relations Act should be applied to the agricultural sector and that unions should not only be allowed to develop, but should be encouraged”. (Goldschmidt).

In general the Fair Labor Standards Act (FLSA) has set a general rule that allows minor as young as 14 years of age to work. Of course there are limits to the amount of hours worked. The military requires a minimum age of 17 with parents consent to join. Wow a 17 year old can be allowed to carry and M16 A4 rifle and fight for his/her country. But the National Basketball Association wants to up the age to 20 years old.

Sadly, she is still paid less than the men at her job. If she is truly one of the best employees then she should be given a raise instead of being awarded less cash. It is illegal to not hire someone based on their race, yet it is legal to pay a woman less due to her sex. It should be clear to everyone that women are treated poorly and unfairly in the workplace everyday.