Fair Labor Standards Act of 1938

Staley's reliance on cases in which no federal right to contribution was found does not yield a different result.

In each, there was a clear congressional objective that would have been undermined by the allowance of contribution claims, for example, Northwest Airlines Supra Equal Pay Act and Title VII and Herman v. RSR Security Services LTD 172F.3D 132 Second Circuit 1999 FLSA.

Both dealt with unemployment claims.

In that context, the Supreme Court has made clear that underlying statutes were expressly directed against employers and that Congress intended to regulate their conduct for the benefit of employees.

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The Second Circuit in Herman relied on a similar analysis to reach the same conclusion.

For the FLSA, also finding that the statutory scheme preempted state law.

Herman 172.3d at 143.

So I think it's important that we get granular then when it comes to the question of the legality of an internship.

So if the Department of Labor ever audits your sanctuary or if an intern themselves raises the question, how does the government actually decide if your intern is a volunteer or a misclassified employee? They use what's called the primary beneficiary test under the Fair Labor Standards Act, which is a seven-point test.

Why don't we walk through these seven factors so everyone can use them to evaluate their own programs?

Yes, this test is absolutely the ultimate legal standard, and I hope sanctuaries are listening in carefully.

And then next, you know, why should tax lawyers care about employment law? Because as we'll go over throughout this presentation, um, the tax treatment of compensation, especially now with OBBA, depends completely on employment law.

Uh, whether compensation is a tip, whether it's overtime required under FSL- FLSA, um, employment classification issues, wage calculations, payroll documentation.

So, you know, we do it on the back end, but all the decisions are made on the front end as tax controversy attorneys.

So, you know, even in my new practice in transaction area, I am much more getting involved in their payroll structure, which I think annoys some of the clients 'cause they're like, "Why do you care about the tax part of it?" And I'm like, "Well, I'm supposed to care about everything."

And perhaps this might be a little bit more complicated than I think, uh, employees specifically, I think, um, fully un- understand, and employers equally too.

So okay, what is considered taxable overtime, right? Qualified versus not.

So again, I wanna distinguish federal, which is the Fair Labor Standards Act, FLSA, falls under the federal, right? And then we have California.

For those of us who practice in California, it's a whole different beast, right? California has the strictest rules when it comes to wage and hour, in my opinion, for, for the entire nation.

That's not important what happened then.

It was the signing of the Fair Labor Standards Act by FDR into law.

That brought in to our country the 40-hour work week, time and a half, and the right to negotiate.

Now, fast forward 10 years from 1938, yes, from June 25, 1938 to 1948.

But I didn't.

And here was almost 88 years to the day that the Fair Labor Standards Act, which is the foundation for almost everything organized labor does each day, sets the standards, the rules and regulations.

And here it is 88 years ago.

Mary Norton out of New Jersey forced a discharge petition on the floor of the House of Representatives to force this bill to a vote, which eventually led to the signing of it and the law that we know today.

It makes a whole lot of sense.

You said something that caught my attention here, courageous Republicans.

And if you take a look back in the labor history, I mean, You mentioned the Fair Labor Standards Act.

I mean, the 30s and then the 40s, you saw a lot of strikes going on in the 30s, one of the Great Depression.

Question 5.

Which 1938 law created the federal minimum wage and 40-hour week? Answer, the Fair Labor Standards Act, FLSA.

Signed by Franklin D. Roosevelt, the FLSA established baseline pay over time after 40 hours and restrictions on child labor.

It codified hard-won goals of the labor movement into enduring federal law.