29 U.S.C. §215(a)(1)

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Administrative sanctions Minimum wage

This provision prohibits the transportation, shipment, delivery or sale of goods made in violation of the wage and working hour provisions of the FSLA (Sections 206 and 207)

Notes

The purpose of this provision is to allow the Federal Department of Labour to seek an injunction to stop the shipment of goods made in breach of the FLSA, using the halting of business to force employers to pay wages due. However this tool only applies to goods made within the United States.

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Text

Section 215. (a) After the expiration of one hundred and twenty days from June 25, 1938, it shall be unlawful for any person—

(1) to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 or section 207 of this title, or in violation of any regulation or order of the Secretary issued under section 214 of this title; except that no provision of this chapter shall impose any liability upon any common carrier for the transportation in commerce in the regular course of its business of any goods not produced by such common carrier, and no provision of this chapter shall excuse any common carrier from its obligation to accept any goods for transportation; and except that any such transportation, offer, shipment, delivery, or sale of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer that the goods were produced in compliance with the requirements of this chapter, and who acquired such goods for value without notice of any such violation, shall not be deemed unlawful […]

Law / United States / Fair Labor Standards Act 1938

The Fair Labor Standards Act (FLSA) serves as the core wage and working hours protection legislation in the US federal scheme. It limits hours worked to 8 hours per day and 40 hours per week, and requires overtime at a 1.5x rate be paid past these amounts. With regards to overtime pay, while the FLSA’s protections extend to most workers, the FLSA does provide a number of exemptions. The standard salary level required for exemption from overtime pay is USD 913 a week, USD 47,476 annually for a full-year worker. It also incorporates the primary legislation limiting and regulating child labour (which varies by age and profession).

In cases of labor exploitation, FLSA will often act in concert with other laws that target trafficking and human rights abuses specifically.

The FLSA specifically does not apply to some agricultural workers (particularly seasonal workers), some social care workers, and certain professions. The FLSA may apply to migrants who do not fall into the exempt categories.