Employee Safety, Health, and Welfare Law

Passage of the Fair Labor Standards Act in 1938 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 39 percent of all employed male adults and 57 percent of all female adults. In 1930, similar State laws had covered no men, and just 12 percent of women. By 1970, 90 percent of all employed adults and minors were covered by the FLSA.

Overtime regulations, which extended to just 14 percent women and 6 percent of employed men in 1930, covered 40 percent and 30 percent by 1940. Seventy percent of the working public received this protection by 1970.

Equal pay laws arose under the pressure from female workers. Women often found they received less compensation from male colleagues. Equal pay laws covered only 2 percent of employed women between 1920 and 1940. This figure increased to 23 percent of all employees by 1950. By 1970, 78 percent of workers were covered.

In 1970, only 21 percent of employed men had minimum wage protection under State laws, but 68 percent had it under the FLSA. Overtime legislation covered 23 percent of employed men under the former, 50 percent under the latter.

Ironically, organized labor was not in the forefront of the struggle for passage of the FLSA. Initially, unions were ambivalent about the FCRA. Labor may have feared that government regulation of wages and hours would

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ct to both State and federal overtime laws. In this situation, a non-exempt employee is entitled to overtime according to whichever law that provides the higher rate of pay. According to Paul Schechter in his book 2003 California Labor Law Digest; Volume 1, the FLSA has evolved to narrowly define exemptions to the right to be paid overtime. Under the FLSA, an Executive Exemption is permitted for an individual who is in charge of a unit with prominent status and function and who ordinarily supervises the activities of others. To be considered an exempt executive, an employee must meet all of the following tests: The primary duty must be management of the enterprise or of a customarily recognize department or subdivision The employee must customarily and regularly direct the work of two or more employees The individual must have the authority to hire and fire, or alternatively he or she must have significant influence over recommendations about the administrative or disciplinary actions affecting subordinates The employee must customarily exercise discretionary authority. The individual must devote less than 20% of his or her work time to activities not directly and closely related to managerial duties An Administrative E

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