When do federal labor laws apply?
Federal labor laws apply to most employees in the United States. This includes employees in West Virginia. Any employee who works for an employer with at least two employees, or one employee who works more than 40 hours a week, is covered by the Fair Labor Standards Act (FLSA). The FLSA sets rules for regular paydays, overtime pay, minimum wage, youth labor laws, and other federal labor laws. It also covers certain types of administrative, executive, and professional employees. The FLSA applies to employers who bring in at least $500,000 in gross income a year and make interstate transactions, which includes sending or receiving products or services out of state. Other federal labor laws that apply to West Virginia include the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), and the Employee Retirement Income Security Act (ERISA). The ADEA protects workers from being discriminated against based on age, while the FMLA provides up to 12 weeks of leave for qualified family medical situations and the ERISA covers employer sponsored retirement plans. State labor laws may also apply in addition to federal labor laws. West Virginia has its own labor laws that employees are protected under, including the West Virginia Wage Payment and Collection Act and the West Virginia Human Rights Act. Employers should familiarize themselves with both state and federal labor laws to ensure they are in compliance.
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