Has Fresh Fish violated FLSA or OSHA? Why/ Why not?
Fair Labor Standards Act (FLSA):
The FLSA establishes minimum wage, overtime pay, record keeping, and youth employment standards affecting employees in the private sector and in Federal, State, …show more content…
FLSA classifies blue-collar workers and first operators under nonexempt categories. Blue-collar employees are people who perform work involving repetitive operations with their hand, physical energy, and skill (Steingold, 2013, p. 77). Sal Monella who works as a fish processor at Fresh Fish can be categorized as a blue-collar employee owing to the physical work involved in his daily work operations. Hence, the Fair Labor Standards Act applies to this case of Fresh Fish and employee Sal Monella is covered under the FLSA.
The case describes Sal Monella as a 19-year-old employee who has worked with Fresh Fish since he was a teenager hence while considering all the FLSA requirements we also need to consider the Child Labor Rules to determine if Fresh Fish has or not violated FLSA. We can analyze FLSA by breaking the case in two time frames of Sal Monella’s age when he was 16 years old and when he was 18 years and …show more content…
According to Steingold (2013), “An employee is only eligible to take FMLA leave to care for certain family members: the employee’s spouse, parent or child” (p. 156). Although Sal’s girlfriend suffered from a serious health condition which has limited her ability to perform normal activities, but she does not belong to his family under the definition of family given by the U.S Department of Labor. Fresh Fish is thereby not required to make accommodations for extending Sal Monella’s FMLA leave request to care for his girlfriend.
References
Compliance Assistant (FLSA). (n. d). In United States Department of Labor. Retrieved from: http://www.dol.gov/whd/flsa/index.htm
Family and Medical Leave Act. (n. d). In United States Department of Labor. Retrieved from: http://www.dol.gov/whd/fmla/
Occupational Safety and Health Administration. (n. d). In United States Department of Labor. Retrieved from: https://www.osha.gov/SLTC/workplaceviolence/standards.html
Steingold, F.S. (2013). The Employer’s Legal Handbook: Manage your employees & workplace effectively. CA. The Nolo