oppressive labor. The FLSA sets the minimum age for non-agricultural work as 14. However, there are some
exceptions. People under the age of 14 who are classed as minors may deliver newspapers, perform
babysitting or chores around the home, and can work in businesses owned by their families, as long as the
work is not deemed to be hazardous. In addition, minors may perform in television, radio, movie, or theatrical
productions. Once an employee becomes 18, child labor regulations no longer apply.
Under the terms of the FLSA, employees in covered industries, with the exception of apprentices and students,
must be paid the federal minimum wage. Congress is responsible for reviewing the level of the minimum
wage on a periodic basis and raising it to compensate for increases in the cost of living caused by inflation. In
2009, Congress raised the federal minimum wage to $7.25 an hour. This increase was the first in almost a
decade (although in 2014, President Obama signed an executive order that increased the minimum wage to
$10.10 for those employed on new federal contracts).
FLSA also mandates that employees who work more than 40 hours in a week should receive overtime pay that
is equal to at least one and one-half times their regular wage for every additional hour worked. Four
categories of employees are excluded from this provision, however: executives, administrative employees,
professional employees, and outside salespersons.
Family and Medical Leave Act
The Family and Medical Leave Act (FMLA), enacted in 1993, guarantees all eligible workers up to 12 weeks of
unpaid leave during any 12-month period for family and medical emergencies. The FMLA applies to all public
and private employers with 50 or more employees, covers employees who have worked for the employer for at
least one year, and applies to employees who have worked at least 25 hours a week for each of 12 months
prior to the leave. The events that qualify workers for leave are:
•
The birth of a child
•
The adoption of a child
•
The placement of a foster child in the employee’s care
•
The care of a seriously ill spouse, parent, or child
•
Any serious health condition that prevents the worker from being able to perform any of the essential
functions of the job
Once the employee returns to work, he or she must be restored to the same or equivalent position. Social
Security benefits also provide benefits to certain employees and their dependents. The types of benefits that
fall under Social Security regulations include disability benefits, Medicare benefits, survivors’ benefits, and
retirement benefits.
Ending Employment
There are are also several regulations that cover workers who are terminated or who lose their employment.
These are summarized in the following table.
Regulation
Description
Table 9.2
100
Chapter 9 Employment and Labor Law
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