Working Conditions (NLRB and FLSA)


The National Labor Relations Act; 29 U.S.C. §§ 141 et. seq.

The U.S. Congress created the National Labor Relations Act in 1935 to protect the rights of workers to organize into unions for the protection of job rights. If two or more employees complain to the employer about unfair job action, they can seek protection against adverse job consequences from the National Labor Relations Board (NLRB). It is not necessary that the employees have a recognized union. Any complaint of unfair labor practice must be filed with the NLRB within 6 months.

The Fair Labor Standards Act; 29 U.S.C. §§ 201 et. seq.

The U.S. Congress created the Fair Labor Standards Act in 1938 to provide minimum national standards for work hours and pay in most, but not all, types of jobs. This is the law that establishes the 40 hour work week and requires overtime pay for more than 40 hours per week. It also establishes the minimum wage that must be paid in jobs covered by the law. The law contains dozens of full or partial exemption. Each exemption is based on specialized facts related to the employee=s work or the nature and size of the employer=s business. A careful review of the facts and law may be necessary to determine if the law applies to a specific case. Some well recognized exemptions apply to white collar workers; politicians and legislative employees; seasonal and recreational employees; certain domestic servants and agricultural employees.

Last Review and Update: Jun 20, 2002