Fair Labor Standards Act ( Flsa ) Essay

than $5.15 an hour. Overtime pay at a rate of not less than one and

The National Labor Relations Act (NLRA), also known as the Wagner Act, was enacted in Congress in 1935 and became one of the most important legacies of the New Deal. Prior to the passage of the NLRA, employers had been free to spy on, interrogate, discipline, discharge, and blacklist union members. Reversing years of federal opposition, the statute guaranteed the right of employees to organize labor unions, to engage in collective bargaining, and to take part in strikes. The act also created a National Labor Relations Board (NLRB) to arbitrate deadlocked labor-management disputes, guarantee democratic union elections, and penalize unfair labor practices by employers. The law applied to all employees involved in the interstate

Employment law encompasses remedies that address employee grievances and discrimination that occur in the workplace environment. The foundation of this system is the United States Constitution, which provides two sources of laws and regulations. These two sources are individual state constitutions and the national constitution. Under this system of federalism, there is also the Bill of Rights, which provides the origins of the majority of employment law. The most widely known document is Title VII of the Civil Rights Act of 1964 (42 U.S.C. Sec. 2000e et.seq.) The judicial, executive, and legislative branches of the government of the United States create and enforce rules and regulations as promulgated by the constitution. Individuals

In her book, Labor and Legality: An Ethnography of a Mexican Immigrant Network, Ruth Gomberg-Muñoz describes the lives of ten busboys, she referrs to as the Lions, living and working in the Chicago area. Gomberg-Muñoz provides an insight into the lives of these undocumented Mexican workers. They share their stories of crossing the border, the affects of their absence on family back in Mexico, and the daily struggles of living in a country without the benefits of citizenship. The Lions, as well as other undocumented Mexicans, have to face Americans stereotypes every day. Probably the biggest stereotype the Lions contend with is the belief that all Mexicans are hard workers.

Labor union history began when the National Labor Union (NLU) was founded in 1866. After the creation of this union, several followed after. Many riots occurred during this time, the Haymarket Riot was one of the main reasons that the American Federation of Labor (AFL) was created. The AFL will be a major part in the labor movement in the future. Labor unions began due to the need to protect the workers. These labor unions formed to fight for reasonable hours, better pay, and safer working conditions. These stipulations that the labor unions pushed for did not come from greed. Many laborers were dying from different jobs. People were required to work 12 or more hour days, 7 days a week for such a small amount of pay. Due to the overworking of these laborers, it caused them to make mistakes. Not only were companies over working these people, they were hiring inexperienced people with little to no training. Thousands upon thousands of people died because of this. To prevent this from occurring labor unions were created to ne the barrier between a company and the workers, the unions are there to help negotiate any stipulations the workers may request. However, after the early to mid 1900’s the attendance and membership of unions declined drastically.

The minimum wage is the mandated price floor paid on hourly or daily basis for the employees regulated by the government or the union. In “Federal Minimum Wage”, New Zealand and Australia enacted the first minimum wage law during the late 19th century to prevent employers’ exploitation of workers. In 1912, Massachusetts passed the first minimum wage legislation in the US that was enforced for women and children, and fifteen more states followed in the next eleven years. However, the Supreme Court abolished the minimum wage laws in 1923 because the laws violated the women and employers’ Fifth Amendment or their right to negotiate a binding agreement without government interference. In the US, the first federal minimum wage law passed 25 cents per hour as part of President Franklin D. Roosevelt’s Fair Labor Standards Act (FLSA) to help struggling workers during the Great Depression (“Federal Minimum Wage”). Since 1938, the minimum wage law has increased twenty-two times to $7.25 to keep pace with inflation. However, minimum wage laws have exemptions in some field of works such as tipped employee who earns $2.13 an hour in direct wages if the amount plus the tips received is at least the mandated minimum wage. In addition, agricultural workers earn their salaries by the number of bags or weight multiplied by the crops’ selling price (“Minimum Wage and Overtime Basics”).

Additionally, Section 8 proscribes federation fraudulent labor procedures, which include, in accordance to legal interpretation, failure to provide a reasonable representation to all participants of the bargaining constituent. (Office of the General Counsel, National Labor Relations Board, 1997)

The minimum tipped wage should be raised. There are many reasons that an incease is due. The tipped minimum wage has been the same since 1991. And yet, the cost of living continues to rise. It has risen by 75% in the past 27 years due to inflation.

The thought that the simple act of tipping could solve such a complicated problem is an attractive thought, but it is just not probable. The authors believe that enough people will automatically tip more because they care about the income inequality gap. However, this is unlikely since Americans seem not to care, even if it is important to do so. For example, the voter turnout in the United States is very low. If people are not going to vote for their leaders, then how can the authors expect them to give more money to minimum wage

I agree that we shouldn't increase the minimum wage for non-tipped employees. If the non-tip wage was increased most workers would lose their jobs, or layed off so that the other workers can make the desired amount they are wanting. Many restaurants would have to also close down due to lack of bussiness.

On the Fair Employment Law page, what is the time limit for filing a discrimination complaint in Wisconsin? (bottom of page)

There have been similar proposals of this type of legislation throughout history. The first type of similar legislation passed was the Fair Labor Standards Act of 1938 (FLSA) which was signed by President Franklin D. Roosevelt (Grossman, 1978). This act applied to about one-fifth of the labor force but set a minimum wage to twenty-five cents an hour (Grossman, 1978). The minimum wage has increased many times since the initial passing of the FLSA. In 1949, “the minimum wage was raised from 40 cents an hour to 75 cents an hour for all workers and minimum wage coverage was expanded to include workers in the air transport industry” (U.S. Department of Labor, 2015, “Wage and Hour Division”). The federal minimum wage has been increased 22

Tipping has emerged as a major method of compensating wait staff ever since the 1960s when Congress passed the provision within Fair Labor Standards Act legislation which introduced the “tip credit” (Allegretto & Cooper, July 10, 2014). The FLSA provision set the minimum wage for tipped employees at $2.13 per hour, given that the employees would ‘earn’ $7.25 per hour from tips. The government considers employees who earn more than $30 per month as tipped employees. The tipped minimum wage has adversely impacted tipped employees, which includes barbers, stylists, wait staff, doormen, etc., such that they need to provide a high level of service so they can receive generous tips. The tipped minimum wage provision assigns tipped employees to high poverty due to their low income salary levels.

Employment or labor laws have been developed to facilitate smooth relationship between employers and employees. Employment laws provide rules and regulations that should govern both the employer and the employees in their places of work. Employment laws discuss issues related to child labor, wages and salaries, retirement, working conditions, compensations, incentives and employment benefits among others. The major objective is to ensure the employer does not exploit the employee and on the other hand, the employee honors the terms and conditions of the job as presented by the employer.

The legally required employee benefits constitute nearly a quarter of the benefits package that employers provide. These benefits include employer contributions to Social Security, unemployment insurance, and workers’ compensation insurance. Altogether such benefits represent about twenty-one and half percent of payroll costs.