Isabella Carter
The Fair Labor Standards Act (FLSA) is one of the most complex laws in the workplace, with many amendments, exceptions, and exemptions. The FLSA covers nearly all workplaces, including federal, state, and local government agencies, as well as companies engaged in interstate commerce. While it generally applies to employers with annual sales of $500,000 or more, the broad interpretation of interstate commerce means that even small businesses using US mail or telephones to communicate with other states are subject to the FLSA. The act also covers specific employee categories, such as domestic workers and apprentices, while exempting others, including certain elected officials, outside salespeople, and some airline employees. With political campaigns involving multiple stakeholders, the applicability of the FLSA to campaign workers depends on their employment status, the nature of the campaign organization, and the specific provisions of the FLSA in question.
| Characteristics | Values |
|---|---|
| Scope | The FLSA applies to employers with annual sales of $500,000 or more or those engaged in interstate commerce. |
| Coverage | The FLSA covers nearly all workplaces due to broad interpretations of "interstate commerce." |
| Exemptions | Small farms, certain salespeople, airline employees, seasonal amusement/recreational businesses employees, local newspaper employees, babysitters, and domestic workers earning less than $1,000 annually from a single employer are exempt from specific provisions or the FLSA as a whole. |
| Employees of Political Campaigns | The FLSA does not cover certain elected officials and their appointees and employees employed by legislative branches, political subdivisions, or interstate governmental agencies. |
| Political Activities | Federal employees are restricted from engaging in partisan political activities while on duty or in federal facilities, including soliciting/accepting campaign contributions and displaying partisan political pictures or symbols. |
| Further Restricted Employees | Certain Department of Justice employees are "further restricted" from active participation in political management or partisan campaigns, even off-duty. They are prohibited from campaigning for or against candidates or engaging in political activity with partisan groups. |
| Tax-Exempt Organizations | Section 501(c)(3) organizations are prohibited from participating in or intervening in political campaigns. Violations may result in the denial or revocation of tax-exempt status and excise taxes. |
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What You'll Learn
Federal employees and political campaigns
Federal employees are subject to a variety of rules and restrictions when it comes to engaging in political campaigns. These rules are outlined in the Hatch Act, which is the federal statute governing political activities by federal employees. While the Fair Labor Standards Act (FLSA) covers most federal employees, there are exceptions and exemptions for certain positions and types of work.
The Hatch Act prohibits federal employees from engaging in partisan political activities while on duty or in a federal facility. This includes soliciting, accepting, or receiving campaign contributions, as well as displaying pictures of candidates for partisan political office. Federal employees are also restricted from using government resources, such as computers, phones, and other equipment, for partisan political activities. Additionally, certain ""further restricted" employees, such as senior executive service members and criminal investigators, are prohibited from active participation in political management or partisan political campaigns, even when off-duty.
Federal employees are allowed to engage in some political activities outside of work and without using their official titles. They can follow or "like" the social media pages of political parties or candidates, as long as their privacy settings hide this information from friends and followers. They can also sign petitions in their personal capacity, without referencing their official roles. Federal employees are permitted to participate in nonpartisan electoral campaigns and issues, such as referendum questions and constitutional amendments.
It's important to note that the FLSA, which sets standards for minimum wage, overtime pay, and equal pay, covers most federal employees. However, there are exemptions for certain types of workers, such as outside salespeople, computer specialists, and domestic workers, who may be exempt from certain FLSA requirements like overtime pay. Additionally, small farms and some airline employees may be exempt from the FLSA.
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Employees of state governments
The Fair Labor Standards Act (FLSA) is one of the most complex laws in the workplace, and it has been amended many times. The FLSA covers nearly all workplaces, including state and local hospitals, educational institutions, and most federal employees and employees of states, political subdivisions, and interstate agencies.
State government employees who are covered by the FLSA are entitled to certain rights and protections under the law. For example, the FLSA requires that male and female workers receive equal pay for work requiring equal skill, effort, and responsibility. It also sets strict standards for compensatory or comp time, which is time given off work instead of cash payments.
It is important to note that the FLSA does not restrict employees from engaging in political activities or campaigns. However, certain restrictions apply to federal employees, such as those in the Department of Justice, who are governed by the Hatch Act. These employees are prohibited from using government equipment or facilities to engage in partisan political activities or campaigns, including soliciting or accepting campaign contributions while on duty or in a federal facility.
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Employees of interstate agencies
The Fair Labor Standards Act (FLSA) applies to employees of interstate agencies. The FLSA establishes minimum wage, overtime pay, record-keeping, and youth employment standards for employees in the private sector and in Federal, State, and local governments. It also applies to domestic service workers (housekeepers, cooks, full-time babysitters) and employees of hospitals, educational institutions at any level, and public agencies.
The FLSA covers employees who work in communications or transportation, regularly use mail, telephones, or telegraph for interstate communication, or keep records of interstate transactions. It also covers those who handle, ship, or receive goods moving in interstate commerce, regularly cross state lines in the course of employment, or work for independent employers who contract to do clerical, custodial, maintenance, or other work for firms engaged in interstate commerce.
The FLSA's broad interpretation of "interstate commerce" means that companies that regularly use the US mail to send or receive letters to and from other states are considered engaged in interstate commerce. Even the use of company telephones or computers to place or accept interstate business calls or take orders has subjected an employer to the FLSA.
The FLSA does not cover all workers and workplaces, and there are exemptions for certain employees and employers. For example, independent contractors, volunteers, and certain elected officials and their appointees are exempt from the FLSA. Additionally, employees of small farms that use relatively little outside paid labor are also exempt.
In terms of overtime pay, the FLSA requires that employees who work more than 40 hours in a workweek receive at least one and a half times their regular pay rate. However, there are exemptions to this rule as well. For instance, public agency fire departments and police departments may establish a work period ranging from 7 to 28 days, after which overtime need only be paid after a specified number of hours in each work period.
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Exemptions for certain workers
The Fair Labor Standards Act (FLSA) is a complex law that covers nearly all workplaces, despite only applying to employers with annual sales of $500,000 or more or those engaged in interstate commerce. The term "interstate commerce" has been interpreted very broadly by the courts, which has expanded the scope of the law.
While the FLSA covers most employees, there are several exemptions, including certain elected officials, their appointees, and employees of legislative branches or bodies of states who are not subject to civil service laws. Additionally, some employees are exempt from specific FLSA requirements, such as overtime and minimum wage provisions, even if their employers are covered.
The FLSA provides exemptions for "white-collar" employees, including bona fide executive, administrative, professional, and outside sales employees. These employees must meet certain tests regarding their job duties and be paid a salary of at least $684 per week. Outside salespeople, for example, must regularly work away from their employer's place of business and make sales or obtain orders or contracts. Computer systems analysts, computer programmers, software engineers, and other similarly skilled workers in the computer field are also included in this exemption if they meet certain job duties and salary requirements.
Certain computer employees are also exempt under Section 13(a)(1) and Section 13(a)(17) of the FLSA. To qualify for this exemption, employees must perform specific job duties related to computer systems, programs, or machine operating systems and meet the required salary threshold.
Additionally, creative professionals, such as actors, musicians, composers, writers, journalists (with certain conditions), and others, may be exempt from the FLSA depending on the extent of invention, imagination, originality, or talent exercised in their work.
Other workers who are exempt from the minimum wage and overtime pay provisions of the FLSA include employees of seasonal amusement or recreational businesses, local newspapers with a circulation of less than 4,000, personal companions, casual babysitters, and domestic workers who work fewer than eight hours per week for a single employer and earn less than $1,000 per year.
It is important to note that job titles do not determine exempt status under the FLSA. The specific job duties and salary of an employee must meet all the requirements of the Department's regulations for an exemption to apply.
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Non-profit organisations and political campaigns
Firstly, it is important to note that the FLSA does not cover all employees, and there are several exemptions. For example, certain elected officials and their appointees, as well as employees of legislative branches or bodies of states, are excluded from the definition of "employee" under the FLSA. Additionally, some employees are exempt from specific FLSA requirements, such as minimum wage and overtime pay provisions, even if their employers are covered. These include employees of seasonal amusement businesses, local newspapers with a circulation of less than 4,000, and personal companions like babysitters.
In the context of non-profit organisations, the focus is often on maintaining tax-exempt status while engaging in advocacy and lobbying activities. Nonprofits with 501(c)(3) tax-exempt status must be vigilant about not engaging in political campaigning. This means they cannot directly or indirectly participate in any political campaign on behalf of or in opposition to any candidate for elective public office. If they do, they risk losing their tax-exempt status. However, they can engage in non-partisan activities, such as non-partisan voter registration drives, non-partisan candidate debates, and voter education, as long as these activities align with their exempt purposes.
Additionally, individuals associated with a 501(c)(3) organisation are free to voice their opinions and participate in political campaigns, provided they do not speak on behalf of the organisation. Organisations with substantial political or lobbying objectives may seek recognition under Code Section 501(c)(4), which permits more extensive lobbying activities as long as they are "germane" to the organisation's program.
It is worth noting that the Department of Justice employees are subject to restrictions on their political activities, particularly those categorised as "further restricted" employees, including senior executives and criminal investigators. These employees are prohibited from actively participating in partisan political management or campaigns, even when off-duty. They are also restricted from using government equipment, email, or social media accounts for partisan political activities or distributing content that advocates for or against a partisan political party.
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Frequently asked questions
The Fair Labor Standards Act (FLSA) is a complex law that covers nearly all workplaces. It has been amended many times and is full of exceptions and exemptions, some of which seem to contradict each other.
The FLSA applies to employers whose annual sales total $500,000 or more or who are engaged in interstate commerce. This includes most federal employees and employees of states, political subdivisions, and interstate agencies.
Yes, some employees are exempt from FLSA requirements, such as pay for overtime and minimum wages. For example, many airline employees and outside salespeople are exempt from the FLSA's overtime provisions.
The FLSA does not specifically mention political campaigns. However, it excludes certain elected officials and their appointees and employees employed by legislative branches or bodies of states from the definition of "employee".
Yes, federal employees are subject to the Hatch Act, which prohibits partisan political activity in the workplace. This includes restrictions on displaying pictures of candidates, using government equipment for partisan political activities, and soliciting/accepting/receiving campaign contributions while on duty in a federal facility.
