Discuss an element of the FSLA and give an example of how it is enforced. Include who is and who is not exempt from this element’s regulation.
Sample Solution
H
ere is an element of the Fair Labor Standards Act (FLSA) and an example of how it is enforced:
Element: The FLSA requires that most employers pay their employees at least the federal minimum wage. The current minimum wage is $7.25 per hour.
Enforcement: The Wage and Hour Division (WHD) of the U.S. Department of Labor is responsible for enforcing the FLSA. The WHD conducts inspections of workplaces to ensure that employers are complying with the law. If the WHD finds that an employer is not paying its employees the minimum wage, the WHD can issue a citation and order the employer to pay back wages to the affected employees.
Exemptions: There are a few categories of employees who are exempt from the minimum wage requirement. These include:
- Executive, administrative, and professional employees
- Outside salespeople
- Computer employees
- Certain agricultural workers
- Certain tipped employees
Example: Let’s say that an employer is paying its employees $6.50 per hour. The WHD could conduct an inspection of the workplace and find that the employer is not paying its employees the minimum wage. The WHD could then issue a citation and order the employer to pay back wages to the affected employees. The employer could also be fined for violating the law.
It is important to note that the FLSA is a complex law, and there are many other elements that employers must comply with. For more information, please visit the WHD website.