How much government regulation of
pay (minimum wage, CEO
compensation), working conditions
(safety), product safety, etc. should
there be, if any in your opinion?

Answer:

The Fair Labor Standards Act of 1938 (FLSA, herein referred to as “the act”), known primarily as the

minimum wage and overtime law, was passed during a period when our nation was experiencing an

economic recovery from the Great Depression. Administered by the U.S. Department of Labor’s (DOL)

Wage and Hour Division, the act was designed to encourage employers to hire more employees in lieu

of scheduling overtime and to prevent unfair competition by requiring all employers to pay a minimum

wage and overtime for all work in excess of 40 hours per work week. By requiring overtime pay, the act

created a monetary penalty for employers who did not spread their existing work among a greater

number of employees. The act, in essence, provided an incentive to hire more people rather than

increase the hours worked by existing employees.

The act did not cover government employees until a series of amendments (1966 and 1974) and court

challenges extended coverage to state and government employees. Maryland v. Wirtz, 392 U.S. 183

(1968); Employees of the Department of Public Health and Welfare v. Missouri, 411 U.S. 279

(1973); National League of Cities v. Usery, 426 U.S. 833 (1976); and Garcia v. San Antonio

Metropolitan Transit Authority, 469 U.S. 528 (1985); overruling recognized by Payne v. Tennessee, 501

U.S. 808, 111 S.Ct. 2597, 115 L.Ed.2d 720, 59 USLW 4814 (U.S.Tenn. Jun 27, 1991). Even so,

application of all the provisions of the act to governments was further delayed until August 1992. This

delay was due to issues of the salary basis test for public employers and exempt employees’ pay for

partial-day absences (public accountability).

The FLSA contains minimum wage, overtime pay, and record keeping requirements and restricts child

labor. These provisions apply to all state and local government employees except certain workers

excluded from the FLSA definition of “employee” and employees who may qualify for exemption from

the requirements of the act. The act establishes a definition of “hours worked” and provides the

conditions under which overtime pay is due. It also provides a partial overtime exemption for certain

categories of employees.

Though the act addresses many issues surrounding wages, it does not require:

• Extra pay for Saturday, Sunday, or holidays;

• Pay for vacations or holidays, or severance pay;

• Discharge notices;

• Limits on the number of hours of work for employees 16 years of age or over, as long as overtime pay provisions are met; or

• Time off for holidays or vacations. (If employees work on holidays, they need not be paid at

time and one-half or any other premium rate.)

The act can be enforced by private employee lawsuits or by action of the Department of Labor. If the

DOL is involved, special investigative procedures are used. The Wage and Hour Division of DOL is

responsible for implementing regulations under the FLSA and enforcing compliance with the act. Should

the employer lose a case in court, the employee generally collects back pay and liquidated damages.

There is a two-year statute of limitation under the act, extending to three years if a violation is willful.

Attorney fees, too, generally are recoverable.

Explanation:

just trust me

The government should set the standards of minimum pays, working conditions and product safety in such a way that the people working have an efficient environment to work with.

There are various Acts through which the government may bring about changes or amendments in the regulations in such Acts which will help in solving the problems of workmen.

Hence, there are various impositions, changes and amendments that may be implied by the government for minimum pay wages, working conditions of employees, product safety, etc.

To know more about government policies, click the link below.

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