The Fair Labor Standards Act (FLSA) is one of the oldest federal employment
laws. The FLSA sets forth certain requirements that impact nearly every
employee who works for a wage in the United States. These requirements
include the minimum wage provision and overtime pay. Pursuant to federal
law, employees must be paid at least the federal minimum wage, which is
$7.25/hour and all non-exempt employees must be paid time and a half for
every hour worked in excess of 40 in any work week.
In addition to provisions concerning overtime pay and minimum wage, the
FLSA also covers
child labor laws. Recently the Department of Labor has proposed new federal laws seeking
to amend current child labor laws to make them stricter and afford child
workers performing agricultural work more protections.
If you have questions concerning the FLSA, it is important to speak with
Georgia worker’s rights attorney to answer your questions and ensure you are being treated properly under the law.
Among the changes include:
• Prohibiting children under 18 from working at grain elevators, silos,
feedlots and livestock auctions and from transporting raw farm materials.
• Prohibiting children under age 16 who are being paid from operating
most power–driven equipment, including combines and tractors. Where
student-learners are allowed to operate the equipment, ensuring that the
machinery has seat belts and rollover protection.
• Prohibiting those children 15 and younger from much work involving
tobacco, including cultivating, curing and harvesting to prevent tobacco
• Banning cellphone use and other electronic devices while operating
However, children aged 12-15 would still be able to work for pay at non-hazardous
The proposed regulations were written in response to a growing concern
about keeping children safe, with statistics estimating that in 2009 more
than 15,000 youths were injured while performing farm jobs. Labor Secretary
Hilda Solis notes that after reviewing the evidence, some farm jobs are
simply “too hazardous for children to be engaged in.”
For more information about the proposed amendments to the Fair Labor Standards
Act or if you believe you or your child’s employer has violated
terms of the FLSA, please contact an experienced Atlanta wage and hour
lawyer at The Buckley Law Firm, LLC for a confidential consultation.