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Beginning with background perspective on the Fair Labor Standards Act--and ending with specific litigation issues & strategies--here is your one-source reference to the FLSA & its complex legal applications in today's workplace. A team of eminent specialists from the ABA Section of Labor & Employment Law's Federal Labor Standards Legislation Committee gives you insights & tactics including: . history & coverage of the FLSA . what constitutes a violation of the Act . exemptions to the law--including white-collar jobs & other statutory exemptions . how to determine compensable hours, minimum wage, & overtime compensation . special issues for federal & state workers . proper recordkeeping procedures . consequences for retaliation by employers . enforcement of the law--and remedies for violations . emerging & volatile topics including child labor, homework, hot goods violations, & much more . plus specific litigation strategies to meet nearly any challenge you may face in handling cases affected by the FLSA.
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
This Pocket Guide focuses on the Act's impact in the public sector workplace and explains complicated provisions of the law that have vexed public sector practitioners, like the "salary basis" test and deductions from pay and leave for partial-day absences. Each chapter tackles a broad topic by providing a detailed discussion of the law's many applications in special workplace environments. For example, the chapter that covers overtime calculation begins by defining regular rate of pay and then considers the payment of bonuses, fluctuating workweeks, and alternative work periods for law enforcement and fire protection employees. Other chapters focus on record keeping requirements, hours of work, and "white collar" exemptions. In each case, detailed footnotes offer an in-depth discussion of the varied applications of the FLSA. -- from publisher
The law of hiring is a patchwork of rules. Some are directly stated in federal or state statutes and regulations, some are interpreted or derived from statutes, and others are rules of common law. In the public sector, other rules derive from the federal and state constitutions. This book covers the law of recruitment and selection as it applies to North Carolina local government and community college employers. The book will also benefit mental health authorities, water and sewer authorities, public health authorities, local ABC boards, and Councils of Government. Initial chapters of the book survey the various rules that comprise the law of hiring for public employers. Later chapters look more closely at the different stages of the hiring process. Although the book primarily focuses on how laws impact North Carolina local governments, it also covers these federal laws applicable to other states: -Fair Credit Reporting Act -Immigration Reform and Control Act -Americans with Disabilities Act -Genetic Information Nondiscrimination Act -federal anti-discrimination laws -Equal Employment Opportunity Commission (EEOC) The book includes an index of cases, an index of statutes, a subject index, and five appendixes related to small employers, affirmative action, validation of employment selection devices, the Fair Credit Reporting Act, and the EEOC.
In Massachusetts, a 12-year-old girl delivering newspapers is killed when a car strikes her bicycle. In Los Angeles, a 14-year-old boy repeatedly falls asleep in class, exhausted from his evening job. Although children and adolescents may benefit from working, there may also be negative social effects and sometimes danger in their jobs. Protecting Youth at Work looks at what is known about work done by children and adolescents and the effects of that work on their physical and emotional health and social functioning. The committee recommends specific initiatives for legislators, regulators, researchers, and employers. This book provides historical perspective on working children and adolescents in America and explores the framework of child labor laws that govern that work. The committee presents a wide range of data and analysis on the scope of youth employment, factors that put children and adolescents at risk in the workplace, and the positive and negative effects of employment, including data on educational attainment and lifestyle choices. Protecting Youth at Work also includes discussions of special issues for minority and disadvantaged youth, young workers in agriculture, and children who work in family-owned businesses.