The Fair Labor Standards Act, as amended, hereinafter referred to as the Act, is a Federal statute of general application which establishes minimum wage, overtime pay, child labor, and equal pay requirements that apply as provided in the Act. All employees whose employment has the relationship to interstate or foreign commerce which the Act specifies are subject to the prescribed labor standards unless specifically exempted from them. Employers having such employees are required to comply with the Act's provisions in this regard unless relieved therefrom by some exemption in the Act. Such employers are also required to comply with specified recordkeeping requirements contained in part 516 of this chapter. The law authorizes the Department of Labor to investigate for compliance and, in the event of violations, to supervise the payment of unpaid wages or unpaid overtime compensation owing to any employee. The law also provides for enforcement in the courts.
Notes of Decisions
Avery v. Chariots for Hire, 748 F. Supp. 2d 492 (D. Maryland 2010).
“29 C.F.R. § 778.0 . “All employees whose employment has the relationship to interstate or foreign commerce which the Act specifies are subject to the prescribed labor standards unless specifically exempted from them.”
Montana Pub. Emp.'s Ass'n v. Montana Dep't of Transp., 1998 MT 17 (Mont. 1998).
“29 C.F.R. § 778.0 (1997). The Department of Labor (DOL) is responsible for determining the operative definitions of the terms used in the FLSA through interpretive regulations and as a general rule, DOL regulations are entitled to judicial deference and are the primary source of…”
Picton v. Excel Grp., Inc., 192 F. Supp. 2d 706 (E.D. Tex. 2001).
“Defendant Has Failed To Prove That It Is Entitled To Exclude Per Diem Payments From Plaintiffs Regular Rate Of Pay As A Matter Of Law Defendant also asserts that it is entitled to exclude per diem payments from Plaintiffs regular rate of pay even if he did not incur travel or…”
Martin v. David T. Saunders Const. Co., Inc., 813 F. Supp. 893 (D. Mass. 1992).
“Instead, plaintiff charges that the job does not necessitate irregular hours of work, that the contract does not specify a “regular rate of pay,” and that the contract fails to provide pay for all overtime hours.”
Rodriguez v. City of Albuquerque, 687 F. Supp. 2d 1270 (D.N.M. 2009).
“” 29 C.F.R. § 778.0 . According to the FLSA’s statement of purpose, Congress enacted it “to correct and as rapidly as practicable to eliminate” “labor conditions detrimental to the maintenance of the minimal standard of living necessary for health, efficiency, and general…”
Kemp v. State Bd. of Pers. Appeals, 1999 MT 255 (Mont. 1999).
· cites it 2× “§ 213(a)(1), and, therefore, that she was exempt from the Fair Labor Standards Act’s (FLSA) overtime wage requirements. The Board, however, contends that Showers spent most of her time preparing food.”
Samson v. Apollo Resources Inc (5th Cir. 2003).
“See 29 C.F.R. 778.0 et seq. The only allegation that even arguably could include misrepresentations is the assertion that Apollo misused the sliding scale wage method.”
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