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There is nothing fair about labor infractions and the millions of workers that labor laws are designed to protect deserve more. When FLSA standards are ignored or manipulated, hard-working Americans pay the price.
The Fair Labor Standards Act is a law that protects workers and remains one of the most revolutionary pieces of legislation ever enacted by any government anywhere in the world. At the time the bill was passed in 1938, workers had few rights available to protect them from the sometimes nefarious motives of their employers, but the FLSA set down into codified law the national minimum wage, overtime pay regulations, and also clarified the manner in which children could be employed.
Unfortunately, as the years went by, the FLSA underwent a number of changes, in order to reflect the vast and profound changes in American industry during and after the Second World War. Over the intervening decades, American industry shifted from production to information management and service technologies, and many provisions in the FLSA became outdated and pointless.
Managing information needed a different kind of employee, a worker who was trained in many technical and service fields but not necessarily college or higher educated. This meant that federal law needed to change, but not all changes were welcome.
The changes enacted to the FLSA in 2004 were long overdue, but unfortunately many of the revisions and updates to the law were seen by some as a new way to exploit and victimize a new group of previously protected workers.
Most management and administrative positions are not protected under the overtime pay provisions of the FLSA, and thus many unscrupulous businesses “reclassify" technical and service people into management positions, regardless of whether they have any executive or administrative authority. This “reclassification" means that these unethical businesses can now force these hardworking people to labor longer hours without the benefit of overtime compensation.
The FLSA sets standards by which an employee can be judged to be administrative, executive, or managerial, but few employees have more than a casual understanding of the law, and these dishonest companies count on the ignorance of their employees to keep them acquiescent and poor. Although companies have a good deal of discretion to manage their employees, but they must be in accordance with the standards and provisions of the FLSA.
Violating the law is not only a criminal offense it disrespects every hardworking American and honest company who respects their employees. Deceiving the Federal Government and lying to employees can cost extensive penalties and heavy fines as well.
Labor laws are extremely complicated and confusing. If you have any questions about potential labor problems at your workplace, visit http://www.resource4flsalaw.com/ today. Your rights are important, and they deserve to be protected. To learn more about FLSA law or hiring an FLSA lawyer, please visit our website at http://www.resource4flsalaw.com/ This article may be freely reprinted as long as this resource box is included and all links |
