Labor Law Talk

The Fair Labor Standards Act, or FLSA, was first established in 1938. The FLSA is a US federal law which governs several aspects of employment. Most notably, the FLSA established a national minimum wage standard, outlined rules for overtime pay, and prohibited most forms of child labor. Since its creation 70 years ago, the FLSA has undergone many major revisions. One recent amendment was passed by Congress in 2007. This Fair Minimum Wage Act will incrementally increase the minimum wage standard up to $7.25 an hour by the year 2009.

The FLSA covers all employees engaged in interstate commerce or employed by a company that engages in or produces goods for interstate commerce. Under the FLSA, the national minimum wage is currently set at $5.85, after the latest increase from the Fair Minimum Wage Act in July 2007. This minimum wage provision is not at simple as it sounds. For example, workers who receive tips (waiters in a restaurant, for example) are held to a different wage standard - they have a minimum wage of just over $2 an hour, provided that this standard wage plus their tips averages $5.85 or higher an hour.

The second main role of the FLSA is the delineation of overtime pay rules. According to the FLSA, workers must be paid time and a half for overtime hours. In simplified form, this means that a worker who puts in 50 hours in a single work week must be paid 1.5 times his normal wage for the 10 hours over 40 that he worked. Not all employees are covered by this portion of the FLSA.

The FLSA also sets out regulations for child labor. In summary, FLSA regulations permit children 14 years and older to work, while limiting the number of hours for 14 and 15 year old youths, and requiring that enough time be allowed for attending school. A slightly different set of standards is used for farm work; in general, the age requirement is loosened for agricultural jobs, and children of any age may perform any job for unlimited hours on a farm owned and operated by their parents.

For more information on labor standards and employment law, check out the resources provided by Los Angeles employment lawyer Perry Smith at his website:

http://www.losangeles-employmentlawyer.com.

Railroad workers could be considered some of the hardest workers in the country. Long hours, repetitive motions, and poor working conditions make the job incredibly strenuous on a railroad worker’s body. Over the years, the hard work has started to catch up with many railroad workers, leading to the development of various repetitive motion disorders (RMDs). Most commonly, railroad workers will begin to notice the physical affects of RMDs in the hands, wrists, elbows, and shoulders. A repetitive motion disorder is a musculoskeletal condition where the muscle tissue has been overly strained or worn down over the course of many years of performing repetitive motions while at work. RMDs usually do not have outward signs of injury, so they can be very difficult to detect. Symptoms of a repetitive motion disorder include pain, numbness, swelling, or redness. Occasionally these symptoms may occur beyond the common areas and extend to the neck, hips, knees, legs, and back.

If RMDs are left untreated they can cause a great deal of damage to the muscular tissue. The only known way to completely prevent an RMD is to stop repeating the motions that are causing you pain. If this is not a plausible option and you must continue to work, there are several measures that can be taken to avoid the development of RMDs. Taking the time to frequently stretch your muscles is a great way to reduce the effects of repetitive motions. Stretching every 30 minutes will significantly help to prevent the muscles from becoming overly strained. Pain relievers and anti-inflammatory drugs may also be used to reduce the pain of a RMD. In more serious cases, physical therapy may be required to relieve dangerous stress on the muscles. RMDs that have progressed beyond the aid of pain relievers and physical therapy may require surgery to correct the damaged muscular tissue. If RMDs are not promptly treated, they may result in permanent injury. In other cases, body parts affected by RMDs may even lose the ability to function.

The life of a railroad worker is undoubtedly difficult. If you have suffered from a RMD as a result of your working condition, contact a FELA lawyer immediately to discuss your legal options. If you or a loved one has developed a serious health condition as a result of working on a railroad, contact the experienced and knowledgeable FELA lawyers the law firm of Williams Kherkher.