This article has been written by Ms. Khushi Patel, a 3-year BBA LLB student from Auro University.
Introduction:
The Fair Labour Standard Act (FLSA) of 1938 and the Equal Pay Act of 1938, is an essential federal law, in the history of the United States of America. This legislation has had a profound impact on the rights and protections of workers, particularly those who have historically been marginalized or exploited. The Fair Labor Standards Act is a Groundnorms, which help in establishing various other legislation in the United State of America, Such as minimum wages, overtime pay, and various other labor standards for employees in the private sector and in federal, state, and local government. The Fair Labor Standard Act was enacted to address the widespread labor abuses and exploitative work practices that were common during the Great Depression. The minimum wage was initially set at 25 cents per hour, which was equivalent to about $4.50 in today’s currency, and overtime pay was set at one and a half times the regular rate of pay for hours worked over 40 in a workweek. The FLSA also prohibited the employment of children under the age of 16 in certain types of work and restricted the hours that children under the age of 18 could work. It was one of the several major legislative initiatives President Franklin D. Roosevelt’s New Deal undertook to provide economic relief and recovery to America Workers. The Disney World company in the year 2017 agreed to pay dollar 3.8 million as a wage to more than 16000 of its employee because it was found that Disney had wallet provisions related to the minimum wages act. On the other hand, the Equal Pay Act serves the purpose that equal pay for the equal job, each protecting against wage discrimination based on sex. the equal pay act protects individuals of all sexes, Employee must race wages to equal eyes pay between people of different sex, but not reduce the wages of others. Compensation salary, overtime pay, bonuses, Life Insurance vacation and holiday pay, cleaning or gasoline allowances Hotel accommodation, Reimbursement for travel expenses, and benefits should be paid in an equal manner between people of different sex. the Equal Pay Act helped to reduce the gender wage gap in the United States. Prior to the passage of the law, women were often paid significantly less than men for doing the same job. The Equal Pay Act helped to make this illegal, and provided a mechanism for workers to challenge discriminatory pay practices. While the gender pay gap still exists today, the Equal Pay Act has helped to narrow it over time.
Significance of Fair Labor Standards of 1938:
The Fair Labour Standard Act also help in building some important precedents for workers’ rights and protections. the Fair Labor Standards Act of 1938 was a significant milestone in the struggle for workers’ rights and protections in the United States. It provided a framework for regulating working conditions and established the principle that workers had a right to a safe and healthy workplace. It also provided a framework for collective bargaining and labor-management relations, which helped to establish a more equal balance of power between workers and employers. The Fair Labor Standard Act has been amended several times since it was enacted, to reflect changes in the labor market and to expand its protections, i.e., in 1961, the FLSA was reconsidered to include state and local government employees, and in 1974, the law was amended to extend its protections to domestic workers. One more chief provision of the FLSA was the restrictions on child labor. The law prohibited the employment of children under the age of 16 in certain types of work and restricted the hours that children under the age of 18 could work. This helped to ensure that children were not subjected to dangerous or exploitative working conditions, and helped to protect their health and well-being. The FLSA changed this by establishing a minimum wage, which ensured that workers were paid a fair wage for their labor. The initial minimum wage was set at 25 cents per hour, which was equivalent to about $4.50 in today’s currency. This minimum wage provided a floor for wages and helped to reduce poverty and income inequality. Reporting violation under FLSA, in reporting a violation is to document the violation as thoroughly as possible. Keep a record of any violations of minimum wage, overtime pay, or child labor laws that you have witnessed. Make a note of the date, time, and location of the violation, as well as the names of any witnesses who can attest to the violation. it may be possible to resolve the issue directly with your employer. You can bring the violation to your employer’s attention and ask for a resolution. This can be done verbally or in writing, depending on your preference. If industries are unable to resolve the issue directly with your employer, you can contact the Wage and Hour Division of the U.S. Department of Labor. The Wage and Hour Division is responsible for enforcing the FLSA and can investigate alleged violations and take legal action to enforce the law. You can file a complaint with the Wage and Hour Division by phone, email, or online.
Equal Pay Act of 1963:
The Equal Pay Act of 1963 was a landmark piece of federal law that aimed to address gender-based pay discrimination in the United States. The main purpose of this legislation is to The Equal Pay for Equal Jobs. Equal an important step in the struggle for Workers write and established the principle that workers have the right to be paid fairly. it also provides a Framework for Workes to challenge discriminated practices and established important legal precedents. The prohibition against compensation discrimination Under the equal act applies only to the job within the establishment, rather than an entire business order Enterprise. “closely” related or a “very much likely” and minor difference in the job duty or a skill, effort, or responsibility must not render the work in equal. and the agency may have a defense its compensation is based on the seniority system merit system which measures earnings by quantity or quality of production or any factors and sex. Reporting of violation under the Equal Pay Act, gather all the relevant information and document related to the pay disparity that believes exists between you and a colleague of the opposite sex who performs the same or similar work. This can include job descriptions, salary histories, and other relevant documents. If you are comfortable doing so, you can raise the issue with your employer and ask for an explanation for the pay disparity. You can also request that your employer rectify the situation by increasing your payments to match that of your colleague. Your employer may be willing to work with you to address the issue. If you are not able to resolve the issue with your employer, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). You can file a complaint online or in person at one of the EEOC’s offices. The complaint should include a description of the pay disparity, the names and job titles of the employees involved, and any supporting documentation. Once you file a complaint, the EEOC will investigate the matter. They may request additional information from you and your employer and may conduct interviews with relevant parties. It is important that you cooperate with the investigation and provide any additional information or documentation that the EEOC requests. If the EEOC finds that there is evidence of pay discrimination, they may attempt to mediate a resolution with your employer. If mediation is not successful, the EEOC may file a lawsuit on your behalf. If you are considering legal action, it is important to seek the advice of an experienced employment attorney who can help you navigate the legal process.
Conclusion:
the Fair Labor Standards Act of 1938, The law established a minimum wage, overtime pay, and restrictions on child labor, and provided a framework for regulating working conditions and establishing important precedents for workers’ rights. and the Equal Pay Act of 1963, women were often paid less than men for performing the same job. This was based on the assumption that women were less skilled or less valuable than men, The Equal Pay Act changed this by requiring that employers pay men and women the same wages for the same work. These two landmark pieces of legislation have had a profound impact on the rights and protections of workers in the United States. These laws have helped to establish a floor for wages and working conditions, and have helped to reduce poverty and income inequality. The laws have also helped to address discrimination in the workplace, and have helped to raise awareness of the issue of wage discrimination. While there is still much work to be done to ensure that all workers are treated fairly and equitably, the FLSA and EPA have been important milestones in the struggle for workers’ rights and gender equality.
Reference:
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