4 Recent Events That Have Invoked Fair Labor Standards Act of 1938

The Fair Labor Standards Act of 1938 is known for its creation of labor standards that set the base for those in use today, including a federal minimum wage and a standard work week. However, as times have changed, the standards set in this act have been called into question in recent debates.

Here are the four recent events that have invoked the FLSA:

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1. The TIME Act.
The Transitioning to Integrated and Meaningful Employment Act seeks to end Section 14(c) of the FLSA, which allows disabled workers to be paid at subminimum wage rates. The bill was introduced in January 2015 and sits in the House Committee on Education and the Workforce, according to GovTrack.

The bill states that because “advancements in vocational rehabilitation, technology, and training provide disabled workers with greater opportunities than in the past,” the section of the bill that allows employers to pay below minimum wage should be changed.

2. The minimum wage debate.
President Barack Obama has made increasing the minimum wage a central point in many of his past State of the Union addresses. The current amended federal minimum wage is $7.25 per hour, in place since 2009, the Department of Labor reported.

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3. Homecare workers receiving less than minimum wage.
Homecare workers are exempt from the FLSA standards because they are defined as “companions.” President Obama ordered the Department of Labor to extend minimum wage and other standards to homecare workers starting in January 2015.

But the rule was struck down in court after the homecare industry challenged it, according to California Rep. Linda Sanchez wrote in The Hill. Sanchez argued that the appeals court should consider the strenuous job of homecare workers when reviewing the expedited appeal.

4. Overtime reform
A recent study by the Public Policy Polling firm found many support more inclusive overtime reform. Overtime pay was expanded in 2004 to include anyone making less than $23,000 annually, U.S. News and World Report said.

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