Fair Labor Standards Act (FLSA)

The Americans with Disabilities Act (ADA) “prohibits discriminating against an individual in the selection process” (Moran, 2014, p. 32) due to a potential disability. A disability can be defined as a mental or physical condition that can result in some sort of handicap. As a result, the employer may be required to accommodate the people who are considered as disabled, to help them perform his or her job duties.

The Americans with Disabilities Act (ADA) is one of the most significant laws in American History. Before the ADA was passed, employers were able to deny employment to a disabled worker, simply because he or she was disabled. With no other reason other than the person's physical disability, they were turned away or released from a job. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. The act guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. The ADA not only opened the door for

For centuries, there has been a common relationship between employers and employees. Over the course of that time, the workplace and the jobs within it have evolved as new jobs were created, ways to execute tasks became more advanced and laws were enacted to put into place fair employment for those in the workforce. In 1938, congress would pass and President Roosevelt would sign the Wages and Hours Bill, more commonly known as the Fair Labor Standards Act of 1938 (FLSA). This federal statute introduced a 44 hour, seven day work week, established the national minimum wage, guaranteed overtime pay in specific types of jobs at a rate of “time and a half”, and it defines oppressive child labor, which prohibits most employment of minors. The FLSA applies to those employees engaged in interstate commerce or in the production of goods for commerce, unless the employer can claim an exemption from coverage.

Concerning the wage rate, the United States government has intervened to maintain a lower limit on the hourly wage rate of a worker’s labor by implementing a price floor known as the minimum wage rate. This legal floor on the market price of labor sets a minimum hourly pay rate for workers in the United States. Effective July 24, 2009 the federal minimum wage rate is $7.25; in states that also have minimum wage laws the employee may be subject to both federal and state minimum wage laws, in which case they are entitled to the higher minimum wage rate (U.S. Department of Labor Wage and Hour Division, 2011). Since the Fair Labor Standards Act (FLSA) was created in 1938 the federal minimum wage rate has gradually increased from $0.25 in 1938 to $7.25 present (U.S. Department of Labor Wage and Hour Division, 2011). Although continuing to increase the minimum wage rate may include potential positive factors, it would hinder the U.S. economy overall.

Individuals with disabilities continually encounter various forms of discrimination, including intentional exclusion from certain work areas, that denies them the opportunity to compete on an equal basis and to pursue those opportunities that guarantees success in the society. To guarantee success there is expectation regarding the relationship between the employer and employee, giving close attention to the various factors that should be considered to make the person with disability successful. This paper outlines the Americans with Disabilities Act (ADA) and the terms and conditions covering employees and employers as stated in Title 1. Title 1, as amended by the ADA amendment 2008, states that no covered entity will discriminate against a qualified individual based on disability (EEOC, 2015).

The ADA was approved by the United States Congress in 1990 and is an extension of The Civil Rights Act of 1964. This law protects individuals from employment discrimination based on disability. “The purpose of this section is to ensure that people with disabilities are not excluded from job opportunities or adversely affected in any other aspect of employment unless they are not qualified or otherwise unable to perform the job” (Guido, 2014, p.277). Not only the disability can be physical such as a person in a wheelchair, people that might have visible symptoms as fatigue, kidney or heart diseases that limit a person's attitude. In this case the employer must evaluate to offer a reasonable accommodation in the preparation for the employee

People with disabilities have become an integral part of the workforce. The ADA forbids discrimination against people with disabilities when recruiting, hiring, training, and compensating employees (Sotoa & Kleiner, 2013). The ADA prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental and establishes requirements for telecommunications relay services (activities (Stryker, R. (2013). Employers are not allowed to ask employees if they have a disability. The employers are not allowed to ask employees with disabilities to undergo a medical exam before an offer of employment unless all applicants are required to take the same exam (Kaye, Jans, & Jones,

ADA has provided guidelines that need to be followed by firms and corporations to avoid discrimination against disabled recruits and employees. It necessitates employers to treat their disabled employees fairly without prejudice. It extensively applies to private owners, labor societies, state and local administrations, employment organizations, and labor executive agencies. To defend an ADA complaint, an individual must have a disability or a history of disability and more importantly the individual must prove an incidence that involved the denial of equal treatment resulting from the disability. ADA uses accessibility guidelines to show a violation imposed on disabled persons in case of barriers that that prevent these

The Americans with Disabilities Act (ADA) provides protection against discrimination based on disability. Disability is defined in the ADA as a mental or physical impairment that substantially limits one or more major life activities. These protections extend to individuals who have a record of a mental or physical impairment that substantially limits one or more major life activities, or who are perceived or regarded as having a mental or physical impairment that substantially limits one or more major life activities.

The Fair Labor Standards Act of 1938, as amended is also referred to as "the Act" or "FLSA". The Act provides for minimum standards for both wages and overtime entitlement, and spells out administrative procedures by which covered work time must be compensated. FLSA also include provisions related to child labor, equal pay, and portal-to-portal activities. A general overview of FLSA is that it establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local government. In 1974 the Fair Labor Standards Act began applying to employees of the United States Federal Government. ( para.1, 2,”

Employers are required to pay at least one and one-half times an employee’s regulation rate of pay for each hour worked in excess of forty in a workweek according to the FLSA. While there are no limit on amount of hours employees can work, however, the FLSA limits the amount of hours that minors could work. The FLSA does however require employers a financial incentive to limit overtime because those hours of work must be compensated at a premium (Walsh, 2013). The FLSA does, however, exempt certain categories of “white collar” workers—including certain executive, administrative, and professional employees—from its minimum wage and overtime requirements (Bloom & Dellatore, 2015). This regulation or rule has not been changed for well over 40 years, with a few adjustments that was made by then President Bush in 2004.

According to dol.gov, The Fair Labor Standards Act of 1938, passed by President Roosevelt, placed restraints on how many hours an individual can work per week, child labor, and overtime. To be considered full-time, a person must work 40 hours per week. If an individual works any less, they are considered part-time. The law also introduced minimum wage, a flat line rate that all employees must get paid. Currently in the United States, minimum wage is set at $7.25. Each state can have the option to pass a law to increase it. For instance, the state of New York passed a law that will increase minimum wage in the state to $15. As if this moment, Florida’s minimum wage is $8.05. With all of the

The Fair Labor Standards Act (FLSA) creates the laws for minimum wage, overtime, recordkeeping, and also protects the minors working class. The FLSA affects all employees whether it be Federal, State, or local governments (Wage and Hour Division). It states that the minimum wage for an employee can not be less than $7.50. The FLSA also says that a company can not charge any lower than one and a half times the regular rate for overtime after 40 hours of work in a week. For child labor, the FSLA tries to prohibit jobs that are dangerous to a minor’s life. Employers are required to keep track of how much the employee works, as well as the pay records.

The Fair Labor Standards Act (FLSA), also known as the federal wage and hour law, covers laws regarding: equal pay to equal work, child-labor, requirements for record keeping, minimum wage rates, and overtime pay. In the hospitality business, the FLSA requires all hotel and motel employees to be paid 1.5 times their normal wage rate for every more that is worked over 40 hours per week. Since hotels are open 24/7, the FLSA does not require employees to get paid extra for working on weekend like other businesses would. However, some Union companies have different policies that favor the employees more, and in this case, the company would follow the union rules instead of those set by the FLSA. In cases that state laws differ from federal, hotel would comply with the laws that provide greater benefits for the employees. “The FLSA requires employee to be paid for all time worked, including fractions of an hour” (Cote). Many employers will not compute each minute nor second worked but instead will break the hour into

However, many states have minimum wage laws that are usually higher than the meager federal standard. Whenever employees are subject to both state and federal minimum wage laws, they are entitled to receive the higher minimum wage. Because Congress has experienced continual gridlock regarding minimum wage regulations, a high number of states have raised their own minimum wages. Around 30 states have set their minimum wage above the federal standard of $7.25 per hour. In fact, over 15 states require that their minimum wages automatically increase with the cost of living. A number of states have also passed resolutions to automatically increase wages in the coming years. Almost 10 states require that the tipped minimum wage, for workers like waiters and porters, must equal the full minimum