May 15, 2008

Federal District Court: FLSA Collective Action Against Smithfield Foods Inc.

According to the Richmond Times-Dispatch, approximately 230 workers have filed a federal lawsuit against Smithfield Foods Inc. under the Fair Labor Standards Act alleging that the Company failed to pay 30-45 minutes of daily overtime for donning and doffing of protective gear, walking to and from the production line, and working after the day officially ends.

May 5, 2008

Family Medical Leave Act of 1993 (FMLA): 29 U.S.C. §§ 2601 et. seq.

As a courtesy to lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

The FMLA permits eligible employees of covered employers to take up to 12 weeks of job-protected, unpaid leave during any 12-month period. The National Defense Authorization Act (NDAA) for FY 2008 amends the FMLA to provide for additional categories of job-protected leave relating to members of the military.

Continue reading "Family Medical Leave Act of 1993 (FMLA): 29 U.S.C. §§ 2601 et. seq. " »

May 5, 2008

Fair Labor Standards Act (FLSA) of 1938, 29 U.S. Code Chapter 8

As a courtesy to lawyers, The Employment Law Chronicle provides links to the text of key Federal, Virginia, and District of Columbia labor and employment laws published on government sites.

The Fair Labor Standards Act sets minimum wage, overtime pay, recordkeeping, and child labor standards. It applies to most employers in the private sector, Federal, State, and local governments. The U.S. Department of Labor provides helpful material on the FLSA.

Minimum Wage: While some workers may qualify for a FLSA exemption, nonexempt workers are entitled to a minimum wage as follows: $5.85 per hour effective July 24, 2007; $6.55 per hour effective July 24, 2008; and $7.25 effective July 24, 2009.

Overtime: After 40 hours of work in a workweek, covered employers must pay nonexempt workers overtime in the amount of at least 1 1/2 times their regular rate of pay.