Abstract This paper examines how one of the most important laws concerning child labor was the FairLaborStandardsAct of 1938. It looks at how with its provisions imposing severe civil and criminal penalties and allowing for confiscation of good made with child labor, the FairLaborStandardsAct forced employers to stop using children in thousands of jobs. With remarkable success, the law simply outlawed child labor.
From the Paper "Among the social reform advocates of the late 19th and early 20th centuries, no issue roused more determined calls for action than child labor. Florence Kelly of Hull House was among the first to report on the matter, but soon there were numerous rigorously researched reports, telling of children underpaid, overworked, uneducated, and profoundly unhappy with their lot. While many of the working children were in agriculture, the worst conditions were in manufacturing, whether in southern textile mills, northern canneries, urban tenements, or mountain coal mines. "
Abstract This paper discusses the FairLaborStandardsAct, its application and the history of its creation and evolution.
From the Paper "Employee Safety Health and Welfare Law. Passage of the Fair Labor Standards Act spelled a historical breakthrough in employee coverage according to Hirst Brand, writing for The Bureau of Labor Statistics online. At the time, the Federal minimum wage covered ? percent of all employed male adults and ? percent of all female adults. In similar States laws had covered no men and just ? percent of women."
Tags: FLSA, history, coverage, protection, limitations, child labor, minimum wage, evolution of the law
Abstract The paper explains the purpose of the FairLaborStandardsAct that was to protect the workers of America from being taken advantage of through excessive and unpaid overtime. The paper discusses, however, the recent legislation that placed exemptions upon the act thus failing the majority of individuals who need the protection, while protecting those who already were making sufficient income. The paper contends this act has effectively become another tool of modern capitalism with which to maintain the status quo.
Outline:
The FairLaborStandardsAct The Erosion of the FairLaborStandardsAct Exemptions
Requirements of Exempt Compensation
Conclusion
From the Paper "The purpose of the Fair Labor Standards Act is to protect the workers of America from being taken advantage of through excessive and unpaid overtime. While the act at its base was and is well-intended, as will be discussed in the next passage, recent legislation has placed exemptions upon the act, thus ruling out a great majority of those employees who need the protection. Having struggled for more than one hundred years prior to the establishment of the Fair Labor Standards Act in 1938, the United States' labor movement was finally successful in obtaining both the eight-hour day and the forty-hour work week. The Act attempted and for the most part protected each of these objectives of labor, by using the legislative stick of overtime pay, which was set at one and a half hours of pay for each hour worked over forty in a given week."
Abstract This paper discusses the FairLaborStandardAct (FLSA) which was passed by Congress in 1938 to establish a minimum wage, overtime compensation standards, record keeping requirements, child labor provisions and other regulations that affect employers and labor. The law was enacted to meet the economics and social problems of that era. It examines how the intent of the law was to make overtime compensation expensive and to open up more employment opportunities to the working population. It outlines some of the issues relating to the act and some business impacts to consider including a case summary.
From the Paper "An employee is not entitled to compensation under the Fair Labor Standards Act for overtime hours he claims he worked but never recorded in his payroll book or submitted to management. When he has not created factual issue that would allow finding that employer's time records, prepared by employee himself, were inaccurate or that employee worked more hours than he recorded, and even if his assertions are credited, he has failed to establish that employer knew he had performed uncompensated overtime. The employee claims he failed to record all overtime worked because the employer expected employees to work as long as necessary to complete assignments. Also, because he feared a "big hassle'' if he did report the overtime."
Abstract To determine how effective the FairLaborStandardsAct has been in accomplishing its original purposes and what implications this legislation had on American workers and industries, this paper provides an overview of the Act. The paper presents a comprehensive assessment of the impact this legislation had on the labor market. Finally, an extensive analysis of current and future trends is followed by a summary of the research in the conclusion.
Outline
Introduction
Review and Discussion
Background and Overview
Current and Future Trends
Conclusion
From the Paper "Although most Americans take for granted the wide range of social programs that are in place for their protection, many of these initiatives are fairly recent in origin, but one that has been around for quite some time is the Fair Labor Standards Act of 1938. The legislation established a minimum standard wage and a maximum work week of 40 hours in industries that were engaged in interstate commerce. The implications of the Act were profound, and today, in what has become a classic pattern over the years, calls for increases to the federal minimum wage are followed by impassioned cries from industry leaders that such an initiative will do more to harm business than it will to help minimum-wage workers. Rather than routinely bankrupt America's businesses, though, the federal minimum wage has served as a vehicle with which the nation can help ensure that all workers receive a living wage, but critics have consistently pointed out that the federal minimum wage has been and remains too low for this purpose (Hart, 1994)."
Abstract The FairLaborStandardsAct (FLSA) was passed by the United States Congress in 1938 to establish a minimum wage, overtime compensation standards, record keeping requirements, child labor provisions, and other regulations that affect employers and workers. This paper looks at the history and intent of the FairLaborStandardsAct. It also analyzes the changes to the Act and how it impacts the average American worker. The paper also compares and contrasts the views of corporate America, labor, and employee.
From the Paper "On April 23, 2004, the Department of Labor's Wage and Hour Administrator issued a notice of Proposed Rulemaking to change the regulations governing the right to overtime pay for "white-collar" employees. It is important to examine the potential effect of these proposed changes to determine the full impact to the American employee. For the first time in the history of the FLSA, the "white collar" exemptions explicitly spell out that "blue collar" workers are not subject to overtime exemptions. The new regulation also explicitly protects the rights of union members who receive overtime pay pursuant to collective bargaining agreements. (DOL.gov, 2004)"
Abstract This paper describes the unfair labor practices during the 1930s. The author relates, section by section, the 1935 National Labor Relations Act, also known as the Wagner Act after New York Senator Robert Wagner who backed it, which was passed to counteract some of these unfair labor practices such as child labor. The paper explains how the existence of the NLRA helped pave the way for many of the labor laws, which are taken for granted today, including the civil rights laws of the 1950s and 60s.
From the Paper "Section 8 of the NLRA listed, and prohibited, five unfair labor practices. Employers were prohibited from interfering with the employees union. This interference was interpreted as more than intimidation. Employers could not give conditions to any financial support they might offer. If they chose to contribute money or resources to the union it had to be with no strings attached.
Also, employers could not interfere with or restrain employees while they were exercise their right to organize or bargain collectively. Next, employers could not put conditions on employment, which could be interpreted to preclude or force union involvement."
A discussion of the Consolidated Omnibus Budget Reconciliation Act (COBRA) and the FairLaborStandardsAct (FLSA) labor laws and how they protect employees.
Abstract The paper discusses how the COBRA and FLSA laws both help reduce the stress and anxiety that can go with the loss of a job. The paper explains that before the FLSA and COBRA laws were passed, there were many employers who were taking advantage of their workforce in several ways. The paper details the purpose both laws serve. The paper makes recommendations to update and improve the laws.
Outline:
Introduction
COBRA
FLSA
My Opinion
From the Paper "Since their inceptions both COBRA and the FLSA have served an important purpose in the employment world. Throughout the nation employees work hard and help the companies that employ them to build empires of wealth, however, if there are bumps in the road either on the part of the employee or employer the company often goes on to continue growing while the employee, who helped build that company is left out in the cold. COBRA and FLSA both help reduce the stress and anxiety that can go with the loss of a job for reasons other than Gross Misconduct."
Abstract This paper examines two cases of Canadian jurisprudence related to the Employment StandardsAct and an individual's status as an employee or an independent contractor. Consideration is given to the older control test, organizational tests, the four-fold test and other methods of determining status.
Abstract This paper details the crucial role of the Department of Labor in overseeing the rights of the nearly 125 million employees in America. The Department of Labor currently manages in excess of 180 federal laws. It also explores various laws and regulations, which were implemented by the U.S. government to protect both employers and employees such as the FairLaborStandardsAct (FLSA), which imposes standards for wages and overtime pay. This paper also delves into the laws that protect employees against various forms of discrimination including those related to age or physical handicap.
Outline:
FairLaborStandardsAct (FLSA)
Wages and Hours
Workplace Safety and Health
Workers Compensation
Civil Rights Act, 1991
Age Discrimination in Employment Act (ADEA)
Employment Verification System
Equal Employment Opportunity Commission (EEOC)
Instance of Employment Protection Provided in the State System but Not by the Federal System
From the Paper "The Department of Labor is empowered to recover back wages, either through administrative action or by way of Court action, in case of employees who have been paid less in infringement of the law. Infringement might attract either civil or criminal action. Penalty up to $11,000 per instance of infringement might be assessed against employers who infringe upon the child labor provisions of the law and up to $1,000 per infringement against employers who intentionally or frequently infringe upon the minimum wage or overtime provisions of pay. This law bans discriminating against or discharging workers who report a complaint or take part in any proceedings under the provisions of the Act."
Abstract The paper relates that the ethical decisions that are faced in the business world are very similar to those faced by individual people on a daily basis, involving responsibility, fairness and honesty. The paper discusses what ethics are not and explains that the main responsibility of the government is to provide the most good while doing the least harm, producing the greatest balance of good maintaining equality and fairness. The Occupational Safety and Health Act (OSHA), the FairLaborStandardsAct (FLSA), and the Family and Medical Leave Act (FMLA) that are each intended to protect workers are also outlined.
Outline:
Business Ethics Overview
What Ethics Are Not
Requirements of the Government
Major Laws that Affect Decision-Making
Conclusion
Summary
From the Paper "The federal government plays a critical role in the requirements of businesses and their codes of conduct. Business ethics consists of the methods pertaining to how activities are carried out while simultaneously respecting the individual rights of employees and society as a whole. The United States, among many other countries, has certain laws that have been enacted as a means of enforcing these standards for company-, consumer-, employee-, and even investor-interaction. One of the most common laws, for instance, is the restrictions on advertisement. Businesses must refrain from using deceptive practices falsely depicting their goods or services. Another common law relates to investor relations--most governments require corporations to provide accurate and complete financial information."
Abstract This paper provides an overview of the legal aspects of occupational health and safety, including a discussion regarding the Walsh-Healy Public Contracts Act, the Labor Management Relations Act, and OSHA.
From the Paper "The Walsh-Healy Act prohibits the award of federal contracts over $10,000 to individuals or businesses that violate safety or labor laws. The Act is considered the precursor to the OSHA law enacted in 1970 (US Code Title 41 2003). It also requires employers to pay prevailing wages in the industry and relates to overtime pay (Chapter 2 no date). The Walsh-Healy Act is considered "the first national standard for workplace safety" (Labor history timeline no date). An employer found guilty of Act violations can be barred from receiving federal contracts for up to three years (Labor history timeline no date)."
Abstract This paper explains that sweatshops are factories that produce apparel, shoes, and other merchandise where employees, usually women and children, work under extreme conditions for very long hours and very little pay. The author points out that sweatshops became illegal in the United States with the passing of the FairLaborStandardsAct, but many American companies, such as Wal-Mart, maintain their low prices by selling products manufactured in sweatshops. The paper describes many ways that the individual can fight the continuation of sweatshops, such as asking companies to purchase only fair-trade products, purchasing only union-made products, and supporting organizations like OXFAM.
Table of Contents
Introduction
Definition of a Sweatshop
Sweatshops and the Underground Economy
How to End the Proliferation of Sweatshops
Conclusion
From the Paper "Indeed, changes in the global economy have added to the proliferation of sweatshops. The robust economies of the west and in Asia have created a great demand for apparel and electronics. This coupled with the increases in the costs of living have made sweatshops very difficult to stop. In addition, large discount chains are able to provide consumers with high quality products at extremely low prices. Many consumers do not take the time to investigate why the price of these products are so low."
Abstract This paper examines the contraversy surrounding the minimum wage which was implemented in 1938 when Theodore Roosevelt enacted the FairLaborStandardsAct (FLSA) to protect those who were being abused by the system. It provides a breakdown of the arguments for and against minimum wage increases such as that raising the minimum wage simply cuts off and eliminates low-paying jobs. It concludes with a discussion of the effect of the minimum wage on the economy and labor markets and a look to the future.
From the Paper "As stated in an earlier statistic, a person working full time does not make enough to live. Indeed full-time wages fall well below the poverty line. This issue correlate with welfare. The question often arises among those who are on welfare as to why they should work when working equates to a cut in pay. When people make more money on welfare which is designed to help those who are at the bottom of the economic barrel, it's obvious that minimum wage increases are not only important, but essential to the well being of the nation and the nation's economy."
Abstract This paper describes the political battle in the Maryland state legislature over mandatory overtime for nurses. The paper examines the issues involved in the debate pitting insurance companies and HMOS against nurses association, patients? rights and consumer groups. One side of the argument is concerned with the financial profit of private organizations and the other side voices issues of public health and voter anger over declining health-care standards.
From the Paper "Nearly anyone who has ever been in the workforce has been faced at one time or another with the issue of mandatory overtime ? that is, being asked to work more than eight hours in a day or forty hours in a week. This situation is sometimes perfectly acceptable to the employee. For example, an accountant might reasonably be expected to be called upon to work more than 40 hours in the weeks leading up to April 15. Assuming that she is being paid for the hours worked, she is more than likely to agree that such a "request" on the part of her employer is a reasonable one."
