Labor Standards Act

What Is The Fair Labor Standards Act? FAQs Answered

Whether you have been working for a month or 10 years, employment can be a complicated area to navigate, as rules relating to workplace and fairness are rarely taught in schools or universities.

This can lead to many people who are employed feeling uncertain about what rights they have in the workplace, especially relating to hours of work, pay, overtime, and of course, bringing a grievance to the attention of their boss.

Luckily, the Fair Labor Standards Act, or FLSA, has highlighted all required workplace regulations across The United States. But this is a fairly hefty document to get through, so this article aims to answer some of the most commonly searched questions relating to the FSLA so you can learn a bit more about your legal rights in the world of work.

When Should I Expect a Pay Raise?

Pay raises can be a hot-button issue, and they’re generally a matter of agreement between you and your boss, or a representative of the employee. A pay rise that amounts above the federal minimum wage is not required by the FLSA. Of course, if you have concerns about your rate of pay, you should seek legal representation as soon as you begin working, as there is an FLSA statute of limitations for bringing such cases forward. 

Is Extra Pay Legally Required for Weekend and Night Work?

This depends on the type of work you do and, much like the pay raises, is a matter to be discussed between yourself and your boss. The FLSA does not require extra payments to be made for weekend or night work. In fact, if you are a nurse or doctor, you can expect to earn exactly the same rate as you would for a day shift, as working overnight or long shifts is part of the role. However, you may be able to claim overtime payments if you have already worked 40 hours a week or more.

How Is Severance Calculated?

There is no requirement under FLSA ruling for severance pay, and this is a matter of agreement between an employer and an employee. However, if you are concerned about a break in a disagreement between yourself and your boss relating to severance pay, you should seek advice from the Employee Benefits Security Administration if this was legally defined in your contract when you signed it at the start of your employment.

Are Periodic Performance Evaluations Needed?

According to the guidelines in the FLSA, periodic performance evaluations are not legally mandated, and these are once again a matter of agreement between yourself and your employer. 

How Many Hours Does Someone Need to Work?

If you are aged 16 years or older, then the Fair Labor Standards Act does not prohibit the number of hours in a day or week that you are required to work. In fact, many jobs have varying shift requirements, and this should be part of the initial employment contract. For example, if you are a nurse or a police officer, you can be expected to work 12-hour shifts, whereas, in a role such as retail, this would be less common outside of managerial roles.

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