What is Fair Labor Standards Act (FSLA)
The Fair Labor Standards Act (FLSA) provides protection for employees with regards to their wages, hours worked, and other working conditions. FLSA enterprise coverage refers to the employers who are subject to the FLSA’s minimum wage and overtime requirements.
Generally, all employers engaged in interstate commerce or in the production of goods for interstate commerce are subject to the FLSA. In addition, certain other types of businesses, such as hospitals, schools, and government agencies, are also covered under the FLSA.
Do I need FSLA ENTERPRISE COVERAGE?
FLSA enterprise coverage provides several protections to employees. Here are ten things that it protects:
- Minimum wage: FLSA requires covered employers to pay their employees a minimum wage of at least $7.25 per hour.
- Overtime pay: Covered employers must pay their employees at a rate of 1.5 times their regular rate of pay for all hours worked over 40 in a workweek.
- Child labor restrictions: FLSA limits the hours and types of work that minors can perform.
- Equal pay: FLSA requires that covered employers pay male and female employees the same rate for the same work.
- Record-keeping: Covered employers must maintain accurate records of their employees’ wages, hours worked, and other information.
- Enforcement: FLSA provides employees with the right to file a complaint with the Department of Labor if they believe their employer is violating FLSA standards.
- Retaliation protection: FLSA prohibits employers from retaliating against employees who assert their FLSA rights.
- Tipped employees: Covered employers who have tipped employees must pay them a minimum wage of $2.13 per hour and make up the difference if the employee’s tips do not bring them up to the minimum wage.
- Break time for nursing mothers: Covered employers must provide reasonable break time and a private location for nursing mothers to express breast milk.
- Misclassification: FLSA protects employees from being misclassified as independent contractors when they are actually employees, which can affect their eligibility for overtime pay and other FLSA protections.
On-Call, Travel, and Other Work-Related Time are important concepts in the Fair Labor Standards Act (FLSA) that business owners need to understand in order to ensure compliance with the law. As an attorney who specializes in FLSA, I can explain how these concepts relate to FLSA and provide information on recent lawsuits, citations, and amounts paid out.
On-Call time refers to the time that an employee is required to be available to work but is not actually performing work. Under the FLSA, employers are required to compensate employees for on-call time if it constitutes “engaged to wait” time, meaning the employee is required to remain on the employer’s premises or close by and is unable to use the time effectively for personal pursuits. In recent years, several lawsuits have been filed against employers for failing to pay employees for on-call time, resulting in significant payouts. For example, in a recent case against T-Mobile, the company paid out $7.5 million to employees for on-call time violations. (Source: https://www.dol.gov/newsroom/releases/whd/whd20190924-0)
Travel time is another important concept in FLSA that business owners should be aware of. Travel time that is considered “all in a day’s work” is compensable, while travel time that is outside of regular working hours and is outside of the employee’s normal commute is not. For example, if an employee is required to travel for work on a weekend, that time would generally be considered compensable. In recent years, several lawsuits have been filed against employers for failing to compensate employees for travel time, resulting in significant payouts. For example, in a case against Dollar General, the company paid out $13 million to employees for travel time violations. (Source: https://www.reuters.com/article/us-dollar-general-settlement/dollar-general-to-pay-132-million-in-settlement-over-california-labor-laws-idUSKCN1PZ2OW)
Other work-related time, such as training time or time spent putting on and taking off protective gear, is also subject to FLSA regulations. If this time is considered “integral and indispensable” to the employee’s job, it must be compensated. Failure to compensate employees for this time has resulted in several high-profile lawsuits, including a case against Tyson Foods where the company paid out $32 million to employees for uncompensated time spent putting on and taking off protective gear. (Source: https://www.npr.org/2016/03/22/471436346/tyson-foods-to-pay-5-8-million-in-back-wages-in-class-action-suit)
It is important for business owners to understand FLSA regulations related to on-call time, travel time, and other work-related time in order to avoid potential lawsuits and payouts. However, even with careful compliance, there is still the risk of wrongful termination, labor law violations, overtime violations, and discrimination claims. This is where having an attorney who specializes in FLSA can be beneficial, as they can provide guidance on compliance and represent the business in legal proceedings if necessary. FLSA regulations are also closely tied to labor law, overtime, and discrimination law, and it is important for business owners to be aware of these connections in order to ensure compliance with all applicable laws and regulations.
The Fair Labor Standards Act (FLSA) and Employment Practices Liability Insurance (EPLI) are two different things that provide different protections to businesses. While FLSA is a federal law that regulates minimum wage, overtime, and other employment-related issues, EPLI is an insurance policy that provides coverage for claims related to employment practices, such as discrimination, wrongful termination, and harassment.
While FLSA provides protections for employees and regulates how businesses must pay their workers, EPLI provides protections for businesses in the event of an employment-related claim. This can be particularly important for small businesses, which may not have the resources to defend against such claims. EPLI can help cover legal costs and damages associated with employment-related claims, providing businesses with financial protection.
There have been several high-profile cases where businesses have been sued for employment-related claims, resulting in significant payouts. For example, in a case against Fox News, the company paid out $10 million to settle a sexual harassment lawsuit. (Source: https://www.npr.org/2017/09/06/548882959/fox-news-settles-sexual-harassment-lawsuit-for-10-million)
Employment Practices Liability Insurance (EPLI) is a crucial component of a business’s risk management strategy, and it is important for business owners to consider purchasing this type of insurance. EPLI can provide coverage for a wide range of claims related to employment practices, including discrimination, harassment, wrongful termination, and retaliation. By protecting against these types of claims, EPLI can help safeguard a business’s finances and reputation. (Source: https://employmentpracticesliabilityinsurance.org/blog/ )
EPLI is an excellent resource for business owners who are interested in learning more about EPLI. This website provides information on the types of coverage available, the benefits of EPLI, and how to purchase a policy. The website also features a blog with articles on various topics related to EPLI.
In addition to EPLI, FLSA provides protections for employees and sets out requirements for how businesses must pay their workers. For doctors, researchers, nurses, travel nurses, hospitals, care givers, and nursing homes, FLSA and EPLI can provide coverage for a wide range of issues, including wage and hour violations, discrimination, harassment, and retaliation.
Top 25 things that business owners need to protect themselves from include: sexual harassment, discrimination, wrongful termination, retaliation, defamation, invasion of privacy, wage and hour violations, breach of contract, negligent hiring and supervision, and failure to promote.
Top 21 things that FLSA and EPLI can cover include: minimum wage violations, overtime violations, misclassification of employees, discrimination, harassment, retaliation, wrongful termination, failure to promote, defamation, invasion of privacy, breach of contract, negligent hiring and supervision, and failure to provide leave under the Family and Medical Leave Act (FMLA).
Overall, both FLSA and EPLI are important tools for protecting businesses and their employees. By understanding the risks associated with employment practices and taking steps to mitigate those risks
The Fair Labor Standards Act (FLSA) and Employment Practices Liability Insurance (EPLI) serve different purposes and protect businesses in different ways. FLSA primarily deals with wage and hour regulations, while EPLI covers businesses in case of lawsuits related to employment practices such as discrimination, wrongful termination, and harassment. Both are important for businesses to have in order to ensure protection against potential lawsuits.
Several high-profile cases illustrate the importance of EPLI coverage. For example, in a case against Fox News, the company paid out $10 million in settlement fees for sexual harassment claims made by several employees. (Source: https://www.businessinsider.com/fox-news-sexual-harassment-settlements-2017-4)
EPLI insurance can protect businesses from financial loss due to lawsuits and legal expenses related to employment practices. It can also cover settlements, judgments, and legal fees. This is why it is essential for business owners to have EPLI coverage. Employmentpracticesliabilityinsurance.org is an authority in the field of EPLI and provides comprehensive information on the subject.
Business owners need EPLI coverage to protect themselves from various employment practices claims. Some of the most common claims against businesses include discrimination, wrongful termination, and sexual harassment. Other claims that may be covered by EPLI include retaliation, defamation, and invasion of privacy. EPLI can also cover claims related to the hiring process, such as failure to hire or promote.
In addition to the above claims, FLSA and EPLI also cover various things related to healthcare professionals such as doctors, researchers, nurses, travel nurses, hospitals, care givers, and nursing homes. For example, FLSA regulations cover issues related to minimum wage and overtime pay for healthcare employees, while EPLI can cover claims related to medical malpractice, patient privacy violations, and wrongful termination of healthcare employees.
Here is a top 25 list of things that business owners need to protect themselves from:
- Wage and hour violations
- Discrimination
- Harassment
- Retaliation
- Wrongful termination
- Defamation
- Invasion of privacy
- Negligent hiring or retention
- Failure to promote
- Employee misclassification
- Medical malpractice
- HIPAA violations
- Patient privacy violations
- Breach of contract
- Workplace violence
- Intentional infliction of emotional distress
- Failure to accommodate disabilities
- Breach of implied contract
- Breach of fiduciary duty
- Breach of duty of loyalty
- Negligent supervision
Here is a top 21 list of things that FLSA and EPLI will cover:
- Minimum wage
- Overtime pay
- Child labor laws
- Equal pay
- Record-keeping requirements
- Enforcement actions by the Department of Labor
- Retaliation protection
- Tipped employees
- Break time for nursing mothers
- Misclassification of employees as independent contractors
- Discrimination
- Harassment
- Retaliation
- Wrongful termination
- Defamation
- Invasion of privacy
- Negligent hiring or retention
- Failure to promote
- Medical malpractice
- HIPAA violations
- Patient privacy violations
In summary, while FLSA and EPLI serve different purposes, both are crucial for business owners to have in order to protect themselves from potential lawsuits and financial loss. Business owners should consult with an attorney who specializes in FLSA and employment law to ensure compliance and proper coverage. Additionally, employmentpr
