Question

1A:What are some of the important provisions of the Fair Labor Standards Act?

B:What are three defenses available to the employer in employment discrimination cases?

Answer 1

1a. The FLSA has been amended on many occasions since 1938. Currently employees covered by the FLSA are entitled to minimum wage and overtime pay at a rate not less than one and a half times their regular pay rate after 40 hours of work in a week. In unique conditions, multiple minimum wage provisions apply to disabled workers, full-time teachers, young people under the age of 20 in their first 90 days of employment, unemployed employees and student-learners. Unique laws apply to federal and local government jobs including fire safety and law enforcement operations, volunteer services and days off work (instead of charging for cash overtime). Employers are required to keep records of wages, hours, and other items that are generally kept as usual business practice. Wages required by the FLSA for the pay period covered are due on the regular payday. Wage deductions for products such as cash or product shortages, employer-required uniforms and trade equipment are not permissible if they reduce employee salaries below the minimum wage or decrease the amount of overtime pay owed under the FLSA.

b. The employee had identified a valid comparator (a similarly situated employee);

established that he was performing his job satisfactorily when he was fired by the employer;

and produced any evidence of pretext as to whether the employee could demonstrate that the employer's stated reason for the adverse employment action (termination, demotion, etc.) was intended to disguise an intense discrimination.