Employment
The 14th Amendment of the Constitution of the United States provides, in part, that no State can "deny to any person within its jurisdiction the equal protection of the laws; nor shall any State deprive any person of life, liberty, or property..."
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FAIR LABOR STANDARDS ACT OF 1938 (FLSA). The Fair Labor Standards Act of 1938 29 U.S.C. § 203 (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty (40) hours a week. It also prohibits employment of minors in "oppressive child labor". It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce unless the employer can claim an exemption from coverage. The Act was enacted by the 75th Congress and signed into law by President Franklin D. Roosevelt in 1938.
The Fair Labor Standards Act applies to "any individual employed by an employer" but not to independent contractors or volunteers. An employer cannot exempt workers from the FLSA by calling them independent contractors or volunteer by illegally and incorrectly classifying their workers as independent contractors and volunteers. In many instances, employers do not pay overtime properly for non-exempt jobs, such as not paying an employee for travel time between job sites, activities before or after their shifts, and preparation central to work activities. If an employee is entitled to overtime, the employer must pay them one and a half times their "regular rate of pay" for all hours they work over forty (40) in the same work week.
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