112-422: The Fair Labor Standards Act of 1938 29 U.S.C. § 203 ( FLSA ) is a United States labor law that creates the right to a minimum wage , and " time-and-a-half " overtime pay when people work over forty hours a week. It also prohibits employment of minors in "oppressive child labor". It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in
224-411: A nonpartisan blanket primary (also known as a "jungle primary" or "top-two primary") is held in which all candidates participate in a single primary regardless of party affiliation and the top two candidates in terms of votes received at the primary election advance to the general election, where the winner is the candidate with the greater number of votes. In Louisiana, the blanket primary is considered
336-674: A "break time for nursing mothers" provision. It specifies that employers shall provide break time for nursing mothers to express milk and that "a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public" should be available for employees to express milk. On September 27, 2019, the Department of Labor released a rule setting the salary level or amount test at $ 684 per week (equivalent to $ 35,568 per year) in order for an employee to qualify as an FLSA-exempt executive employee, administrative employee, and professional employee. In order to qualify as
448-437: A bill to increase the minimum wage from $ 3.35 per hour to $ 4.55 per hour in stages. Secretary of Labor Elizabeth Dole supported increasing the minimum wage to $ 4.25 per hour along with allowing a minimum wage of $ 3.35 an hour for new employees' first ninety days of employment for an employer. Secretary Dole said that President George H. W. Bush would veto any bill increasing the minimum wage to more than $ 4.25 per hour. By
560-524: A chair in the front of the Senate chamber. The powers of the presiding officer of the Senate are far less extensive than those of the speaker of the House . The presiding officer calls on senators to speak (by the rules of the Senate, the first senator who rises is recognized); ruling on points of order (objections by senators that a rule has been breached, subject to appeal to the whole chamber); and announcing
672-613: A disability. There are several proposed bills that would repeal and eventually phase out Section 14(c) certifications such as H.R. 873 or H.R. 582 (Raise the Wage Act) which was passed by the House of Representatives in July 2019, but did not pass. Both political parties have expressed support to repealing this program. The Department of Defense Authorization Act of 1986 repealed the eight-hour daily overtime requirements on all federal contracts. In 1989, Senator Edward M. Kennedy introduced
784-400: A frequency which must be greater than occasional, but which may be less than constant." While the nomenclature of a job title is not dispositive, the job of "busboy" is explicitly validated for tip-pool inclusion by an authoritative source. "A busboy performs an integral part of customer service without much direct interaction, but he does so in a manner visible to customers. ... Thus, for
896-474: A full-term). The Seventeenth Amendment permits state legislatures to empower their governors to make temporary appointments until the required special election takes place. The manner by which the Seventeenth Amendment is enacted varies among the states. A 2018 report breaks this down into the following three broad categories (specific procedures vary among the states): In ten states within
1008-503: A grower (who generally monitors the quality of the work performed, determines where to place workers, controls the volume of work available, has quality control requirements, and has the power to fire, discipline, or provide work instructions to workers). In many instances, employers do not pay overtime properly for non-exempt jobs, such as not paying an employee for travel time between job sites, activities before or after their shifts, and preparation central to work activities. If an employee
1120-493: A highly compensated employee, the total annual compensation test was set at $ 107,432. When the Department of Labor had determined the total annual compensation, it based it on the eightieth percentile of weekly earnings for full-time salaried employees in the United States. The Paid Vacation Act of 2009, introduced by Representative Alan Grayson on May 21, 2009, proposed that all employers with 100 or more employees provide
1232-469: A lower minimum wage for employees who are less than twenty years old. The bill eliminated different minimum wages for retail and non-retail businesses. The next week, the Senate approved the bill by a vote of 89 to 8. Senators Orrin Hatch , Steve Symms , and Phil Gramm were unsuccessful at passing minimum-wage exemptions for small businesses and farmers using migrant or seasonal workers. President Bush signed
SECTION 10
#17327651888681344-407: A majority of the Senate constitutes a quorum to do business. Under the rules and customs of the Senate, a quorum is always assumed as present unless a quorum call explicitly demonstrates otherwise. A senator may request a quorum call by "suggesting the absence of a quorum"; a clerk then calls the roll and notes which members are present. In practice, senators rarely request quorum calls to establish
1456-418: A method to remove that disqualification: a two-thirds vote of both chambers of Congress. Originally, senators were selected by the state legislatures , not by popular elections . By the early years of the 20th century, the legislatures of as many as 29 states had provided for popular election of senators by referendums. Popular election to the Senate was standardized nationally in 1913 by the ratification of
1568-575: A more deliberative and prestigious body than the House of Representatives due to its longer terms, smaller size, and statewide constituencies, which historically led to a more collegial and less partisan atmosphere. The Senate chamber is located in the north wing of the Capitol Building in Washington, D.C. , the nation's capital. Despite not being a senator, the vice president of
1680-409: A paid vacation to all eligible personnel. This earned period of time was initially defined as seven working days and increased to fourteen working days three years after the bill passed. Additionally, employers with 50 or more personnel would have been required to provide one working week of paid vacation. This vacation period was to be used within a twelve-month period. In addition to these stipulations,
1792-406: A push by some members of Congress, retail workers, service workers, agricultural workers, and construction workers were still not required to be paid at least the minimum wage. The 1961 amendment added another method of determining a type of coverage called enterprise coverage. Enterprise coverage applies only when the business is involved in interstate commerce and its gross annual business volume
1904-401: A regular or special Senate election. Senators serve terms of six years each; the terms are staggered so that approximately one-third of the seats are up for election every two years. This was achieved by dividing the senators of the 1st Congress into thirds (called classes ), where the terms of one-third expired after two years, the terms of another third expired after four, and the terms of
2016-556: A representative must be twenty-five. And the former must have been a citizen nine years; as seven years are required for the latter. The propriety of these distinctions is explained by the nature of the senatorial trust, which, requiring greater extent of information and stability of character, requires at the same time that the senator should have reached a period of life most likely to supply these advantages; and which, participating immediately in transactions with foreign nations, ought to be exercised by none who are not thoroughly weaned from
2128-423: A result, it is uncertain whether an Alaska governor may appoint an interim senator to serve until a special election is held to fill the vacancy. In May 2021, Oklahoma permitted its governor again to appoint a successor who is of the same party as the previous senator for at least the preceding five years when the vacancy arises in an even-numbered year, only after the appointee has taken an oath not to run in either
2240-606: A revised version of Black's proposal was passed. The revised version was instrumentally supported by a number of notable people, including Frances Perkins , Clara Mortenson Beyer from the Bureau of Labor Standards within the United States Department of Labor , as well as Congresswoman Mary T. Norton . The revised proposal adopted an eight-hour day and a forty-hour workweek and allowed workers to earn wage for an extra four hours of overtime as well. According to
2352-514: A senator by a two-thirds vote. Fifteen senators have been expelled in the Senate's history: William Blount , for treason, in 1797, and fourteen in 1861 and 1862 for supporting the Confederate secession . Although no senator has been expelled since 1862, many senators have chosen to resign when faced with expulsion proceedings – for example, Bob Packwood in 1995. The Senate has also censured and condemned senators; censure requires only
SECTION 20
#17327651888682464-513: A seniority system, a merit system, a system that measures earnings by quantity or quality of production, or other factors outside of sex. For the first nine years of the EPA, the requirement of equal pay for equal work did not extend to persons employed in an executive, administrative or professional capacity, or as an outside salesperson. Therefore, the EPA exempted white-collar women from the protection of equal pay for equal work. In 1972, Congress enacted
2576-447: A separate ballot referendum that took effect on the same day, but that conflicted with each other. The effect of the ballot-approved law is to withhold from the governor authority to appoint a senator. Because the 17th Amendment vests the power to grant that authority to the legislature – not the people or the state generally – it is unclear whether the ballot measure supplants the legislature's statute granting that authority. As
2688-447: A service bartender to be validly included in a tip pool, he must meet this minimal threshold in a manner sufficient to incentivize customers to 'customarily and regularly' tip in recognition" of his services (though he need not receive the tips directly). The Fair Labor Standards Act was originally drafted in 1932 by Senator Hugo Black , whose proposal to require employers to adopt a thirty-hour workweek met fierce resistance. In 1938,
2800-443: A simple majority and does not remove a senator from office. Some senators have opted to withdraw from their re-election races rather than face certain censure or expulsion, such as Robert Torricelli in 2002. The "majority party" is the political party that either has a majority of seats or can form a coalition or caucus with a majority of seats; if two or more parties are tied, the vice president's affiliation determines which party
2912-538: A substantially different capacity from the employee's regular full-time employment on a sporadic basis. The amendment stated that individuals who volunteer to perform services for a state or local government agency are not covered by the Fair Labor Standards Act if the individual receives no compensation or nominal compensation. The amendment stated that state and local legislative employees, other than legislative library employees, are not covered by
3024-465: A uniform law) the power to legislate a method by which senators are elected. Ballot access rules for independent and minor party candidates also vary from state to state. In 45 states, a primary election is held first for the Republican and Democratic parties (and a select few third parties , depending on the state) with the general election following a few months later. In most of these states,
3136-466: A vote of 248 to 171, the House of Representatives approved a bill to increase the minimum wage to $ 4.55 per hour in stages over a two-year period. The bill also allowed employers to pay new employees at least 85 percent of the minimum wage during the first sixty days of employment of a newly hired employee with no previous employment. The bill also increased the exemption from minimum wage law for small businesses from $ 362,500 to $ 500,000 of annual sales. By
3248-546: A vote of 61 to 39, the Senate approved a bill to increase the minimum wage to $ 4.55 per hour. President Bush vetoed the bill, calling the increase "excessive". The House of Representatives unsuccessfully tried to override the veto, voting 247 to 178 to override, 37 votes short. By a vote of 382 to 37, the House of Representatives approved a revised bill that would increase the minimum wage to $ 3.80 per hour as of April 1990, and $ 4.25 per hour as of April 1, 1991. The bill would allow
3360-460: A wage was specifically defined, and entitlement to sue for back wages was granted. The Equal Pay Act of 1963 was enacted to amend the FLSA and make it illegal to pay some workers lower wages than others strictly on the basis on their sex. It is often summed up with the phrase " equal pay for equal work ". The Equal Pay Act allows unequal pay for equal work only when the employer sets wages pursuant to
3472-592: Is a minimum of $ 500,000. All employees working for "enterprises" are then covered by the FLSA if the individual firms of the "enterprise have a revenue greater than $ 500,000 per year". Under the original 1938 Act, a worker whose work is in the channels of interstate commerce is covered as an individual. "Interstate commerce" is interpreted so broadly that most work is included, such as ordering, loading, or using supplies from out of state, accepting payments from customers based on credit cards issued by out-of-state banks, and so on. The 1961 amendment also specified that coverage
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3584-410: Is anticipated. The Constitution authorizes the Senate to elect a president pro tempore ( Latin for "president for a time"), who presides over the chamber in the vice president's absence and is, by custom, the senator of the majority party with the longest record of continuous service. Like the vice president, the president pro tempore does not normally preside over the Senate, but typically delegates
3696-404: Is automatic for schools, hospitals, nursing homes, or other residential care facilities. Coverage is also automatic for all governmental entities at whatever level of government, no matter the size. Coverage does not apply to certain entities not organized for business, such as churches and charitable institutions. The minimum wage level was again increased to $ 1.25 per hour. What could be considered
3808-481: Is entitled to overtime, the employer must pay them one and a half times their "regular rate of pay" for all hours they work over 40 in the same work week. Employees employed in a ministerial role by a religiously affiliated employer are not entitled to overtime under the act. During World War II, the Army-Navy "E" Award for excellence in war production required maintaining the fair labor standards established under
3920-735: Is the upper chamber of the United States Congress . The Senate and the United States House of Representatives (which is the lower chamber of Congress) comprise the federal bicameral legislature of the United States . Together, the Senate and the House have the authority under Article One of the U.S. Constitution to pass or defeat federal legislation. The Senate has exclusive power to confirm U.S. presidential appointments to high offices, approve or reject treaties, and try cases of impeachment brought by
4032-468: Is the majority party. One hundred desks are arranged in the chamber in a semicircular pattern and are divided by a wide central aisle. The Democratic Party traditionally sits to the presiding officer's right, and the Republican Party traditionally sits to the presiding officer's left, regardless of which party has a majority of seats. Each senator chooses a desk based on seniority within
4144-437: Is the majority party. The next-largest party is known as the minority party. The president pro tempore, committee chairs, and some other officials are generally from the majority party; they have counterparts (for instance, the "ranking members" of committees) in the minority party. Independents and members of third parties (so long as they do not caucus support either of the larger parties) are not considered in determining which
4256-574: Is the sole judge of a senator's qualifications. During its early years, however, the Senate did not closely scrutinize the qualifications of its members. As a result, four senators who failed to meet the age requirement were nevertheless admitted to the Senate: Henry Clay (aged 29 in 1806), John Jordan Crittenden (aged 29 in 1817), Armistead Thomson Mason (aged 28 in 1816), and John Eaton (aged 28 in 1818). Such an occurrence, however, has not been repeated since. In 1934, Rush D. Holt Sr.
4368-618: The Constitution debated more about how to award representation in the Senate than about any other part of the Constitution. While bicameralism and the idea of a proportional "people's house" were widely popular, discussions about Senate representation proved contentious. In the end, some small states—unwilling to give up their equal power with larger states under the Articles of Confederation —threatened to secede in 1787, and won
4480-496: The Education Amendments of 1972 , which amended the FLSA to expand the coverage of the EPA to these employees, by excluding the EPA from the professional workers exemption of the FLSA. The 1966 amendment expanded coverage to some farm workers and increased the minimum wage to $ 1.60 per hour in stages. The 1966 Fair Labor Standards Act amendment also gave federal employees coverage for the first time. A 2021 study on
4592-606: The Fair Minimum Wage Act of 2007 . This provision amended the FLSA to provide for the increase of the federal minimum wage by an incremental plan, culminating in a minimum wage of $ 7.25 per hour by July 24, 2009. Further, American territories including American Samoa and Puerto Rico were to adopt the mainland minimum wage in a series of incremental increases. Section 4207 of the Patient Protection and Affordable Care Act (H.R. 3590) amends Section 7 to add
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4704-529: The Federal Employees Retirement System (FERS) or Civil Service Retirement System (CSRS). FERS has been the Senate's retirement system since January 1, 1987, while CSRS applies only for those senators who were in the Senate from December 31, 1986, and prior. As it is for federal employees, congressional retirement is funded through taxes and the participants' contributions. Under FERS, senators contribute 1.3% of their salary into
4816-613: The Seventeenth Amendment . Elections to the Senate are held on the first Tuesday after the first Monday in November in even-numbered years, Election Day , and occur simultaneously with elections for the House of Representatives . Senators are elected by their state as a whole. The Elections Clause of the United States Constitution grants each state (and Congress, if it so desires to implement
4928-413: The gavel of the Senate to maintain order. A " hold " is placed when the leader's office is notified that a senator intends to object to a request for unanimous consent from the Senate to consider or pass a measure. A hold may be placed for any reason and can be lifted by the senator who placed it at any time. A senator may place a hold simply to review a bill, to negotiate changes to the bill, or to kill
5040-434: The parliamentarian . In the early 1920s, the practice of majority and minority parties electing their floor leaders began. The Senate's legislative and executive business is managed and scheduled by the Senate's majority leader, who on occasion negotiates some matters with the Senate's minority leader. A prominent practice in the Senate is the filibuster on some matters and its remedy the vote on cloture . The drafters of
5152-414: The senior senator , while the other is the junior senator . For example, majority leader Chuck Schumer is the senior senator from New York, having served in the senate since 1999, while Kirsten Gillibrand is New York's junior senator, having served since 2009. Like members of the House of Representatives, Senators use the prefix " The Honorable " before their names. Senators are usually identified in
5264-423: The state legislature of their respective states. However, since 1913, following the ratification of the Seventeenth Amendment , senators have been elected through a statewide popular vote . As the upper chamber of Congress, the Senate has several powers of advice and consent . These include the approval of treaties , as well as the confirmation of Cabinet secretaries , federal judges (including justices of
5376-484: The "economic reality" of the relationship between the putative employer and the worker to determine whether the worker is an independent contractor. Courts use a similar test to determine whether a worker was concurrently employed by more than one person or entity; commonly referred to as "joint employers". For example, a farm worker may be considered jointly employed by a labor contractor (who is in charge of recruitment, transportation, payroll, and keeping track of hours) and
5488-409: The 2004 amendment to the FLSA now requires that an exemption must be predicated upon actual job function and not job title. Employees with job titles that previously allowed exemption but whose job descriptions did not include managerial functions were now reclassified from exempt to non-exempt. On May 25, 2007, President Bush signed into law a supplemental appropriation bill (H.R. 2206), which contains
5600-464: The Act. The Fair Labor Standards Act sets minimum wage, overtime pay, recordkeeping, and child labor standards, but certain employees may be exempt. The exemptions include executive, administrative, professional, computer employee, and outside sales exemptions. Under the Fair Labor Standards Act, an employer has to pay each employee the minimum wage, unless the employee is "engaged in an occupation in which
5712-555: The Congress to determine its convening and adjournment dates and other dates and schedules as it desires. Article 1, Section 3, provides that the president has the power to convene Congress on extraordinary occasions at his discretion. A member who has been elected, but not yet seated, is called a senator-elect ; a member who has been appointed to a seat, but not yet seated, is called a senator-designate . The Constitution requires that senators take an oath or affirmation to support
SECTION 50
#17327651888685824-430: The Constitution stipulates that no constitutional amendment may be created to deprive a state of its equal suffrage in the Senate without that state's consent. The United States has had 50 states since 1959, thus the Senate has had 100 senators since 1959. Before the adoption of the Seventeenth Amendment in 1913, senators were elected by the individual state legislatures . Problems with repeated vacant seats due to
5936-519: The Constitution, the vice president serves as president of the Senate. They may vote in the Senate ( ex officio , for they are not an elected member of the Senate) in the case of a tie, but are not required to. For much of the nation's history the task of presiding over Senate sessions was one of the vice president's principal duties (the other being to receive from the states the tally of electoral ballots cast for president and vice president and to open
6048-537: The Constitution. Congress has prescribed the following oath for all federal officials (except the President), including senators: I, ___ ___, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge
6160-583: The FERS retirement plan and pay 6.2% of their salary in Social Security taxes. The amount of a senator's pension depends on the years of service and the average of the highest three years of their salary. The starting amount of a senator's retirement annuity may not exceed 80% of their final salary. In 2006, the average annual pension for retired senators and representatives under CSRS was $ 60,972, while those who retired under FERS, or in combination with CSRS,
6272-447: The FLSA in order to increase the number of employees who are covered by minimum wage laws and to increase the minimum wage itself to 90 cents per hour. At the time, retail workers and services workers were not covered by minimum wage laws. Congress passed an amendment to the FLSA, and President Eisenhower signed it on August 12, 1955. The amendment increased the minimum wage from 75¢ per hour to $ 1 per hour, effective March 1, 1956. Despite
6384-439: The Fair Labor Standards Act if they are "directly essential" to production of goods for interstate commerce . The act increased the minimum wage from 40 cents to 75 cents per hour, effective January 24, 1950. The act prohibited oppressive child labor in commerce or in the production of goods for commerce. The act also included a few new exemptions for special worker classes. In 1955, President Eisenhower urged Congress to amend
6496-756: The Fair Labor Standards Act of 1938 (FLSA) to increase the federal minimum wage for employees to $ 10.10 per hour over the course of a two-year period. The bill was strongly supported by President Barack Obama and many of the Democratic senators, but strongly opposed by Republicans in the Senate and House. In January 2015, President Barack Obama asked Congress to pass the Healthy Families Act under which employers would be allowed to give employees one hour of paid sick leave for every 30 hours they work up. This applies for up to seven days or 56 hours of paid sick leave annually instead of paying overtime to
6608-639: The Fair Labor Standards Act. In 1986, the Fair Labor Standards Act was amended to allow the United States Secretary of Labor to provide special certificates to allow an employer to pay less than the minimum wage to individuals whose earning or productive capacity is impaired by age, physical or mental deficiency, or injury. These employees must still be paid wages that are related to the individual's productivity and commensurate with those paid to similarly located and employed nonhandicapped workers. However, paying workers with disabilities less than
6720-747: The House Committee on Education and Labor. Like the original proposition, the bill was referred to the House Subcommittee on Workforce Protections in July 2013. There have been no reports issued by either the committee or subcommittee. Both bills were met with opposition which cited concerns of the loss of jobs or benefits. In April 2014, the United States Senate debated the Minimum Wage Fairness Act (S. 1737; 113th Congress) . The bill would have amended
6832-537: The House. The Senate and the House provide a check and balance on the powers of the executive and judicial branches of government. The composition and powers of the Senate are established by Article One of the United States Constitution . Each of the 50 states is represented by two senators who serve staggered six-year terms . In total, the Senate consists of 100 members. From its inception in 1789 until 1913, senators were appointed by
SECTION 60
#17327651888686944-443: The Senate mails one of three forms to the state's governor to inform them of the proper wording to certify the appointment of a new senator. If a special election for one seat happens to coincide with a general election for the state's other seat, each seat is contested separately. A senator elected in a special election takes office as soon as possible after the election and serves until the original six-year term expires (i.e. not for
7056-444: The Senate has several officers who are not members. The Senate's chief administrative officer is the secretary of the Senate , who maintains public records, disburses salaries, monitors the acquisition of stationery and supplies, and oversees clerks. The assistant secretary of the Senate aids the secretary's work. Another official is the sergeant at arms who, as the Senate's chief law enforcement officer, maintains order and security on
7168-541: The Senate premises. The Capitol Police handle routine police work, with the sergeant at arms primarily responsible for general oversight. Other employees include the chaplain , who is elected by the Senate, and pages , who are appointed. The Senate uses Standing Rules for operation. Like the House of Representatives , the Senate meets in the United States Capitol in Washington, D.C. At one end of
7280-503: The Supreme Court ), flag officers , regulatory officials, ambassadors , other federal executive officials , and federal uniformed officers . If no candidate receives a majority of electors for vice president , the duty falls to the Senate to elect one of the top two recipients of electors for that office. The Senate conducts trials of officials who have been impeached by the House. The Senate has typically been considered both
7392-504: The Supreme Court's decision. It specified exactly what type of time was considered compensable work time. In general, as long as an employee is engaging in activities that benefit the employer, regardless of when they are performed, the employer has an obligation to pay the employee for that time. The act also specified that travel to and from the workplace was a normal incident of employment and should not be considered paid working time. The act stated that employees had two years of performing
7504-409: The United States serves as presiding officer and president of the Senate by virtue of that office ; the vice president may vote only if the Senate is equally divided. In the vice president's absence, the president pro tempore , who is traditionally the most senior member of the Senate's majority party, presides over the Senate, and more often by rule allows a junior senator to take the chair, guided by
7616-536: The United States Constitution disqualifies as senators any federal or state officers who had taken the requisite oath to support the Constitution but who later engaged in rebellion or aided the enemies of the United States. This provision, which came into force soon after the end of the Civil War, was intended to prevent those who had sided with the Confederacy from serving. That Amendment, however, also provides
7728-479: The United States for at least nine years; and (3) they must be inhabitants of the states they seek to represent at the time of their election. The age and citizenship qualifications for senators are more stringent than those for representatives. In Federalist No. 62 , James Madison justified this arrangement by arguing that the "senatorial trust" called for a "greater extent of information and stability of character": A senator must be thirty years of age at least; as
7840-494: The act, workers must be paid minimum wage and overtime pay must be one-and-a-half times regular pay. Children under eighteen cannot do certain dangerous jobs, and children under sixteen cannot work in manufacturing or mining or during school hours. Though it did not cover executives, seasonal employees, and some other groups, the Fair Labor Standards Act gave raises to 700,000 workers, and US President Franklin Roosevelt called it
7952-530: The applicable minimum wage.” The 1996 amendment increased the minimum wage to $ 5.15 an hour. However, the Small Business Job Protection Act of 1996 (PL 104-188), which provided the minimum-wage increase, also detached tipped employees from future minimum-wage increases. On August 23, 2004, controversial changes to exemptions from the FLSA's minimum wage and overtime requirements went into effect, making substantial modifications to
8064-541: The bill authorized a public awareness campaign to be overseen by the Secretary of Labor and required a study be conducted on the effect of the paid vacation time in the workplace. On May 21, 2009, the bill was referred to the House Committee on Education and Labor and two months later referred to the Subcommittee on Workforce Protections. The bill remained in the subcommittee with no report or recommendation issued. At
8176-411: The bill two weeks later. While computer science was a relatively new field, it was argued since the 1960s that technical specialists in the computer services field, carefully defined, ought to be regarded as "professional" and, thus, exempt from the overtime pay protections of the FLSA. In 1990 legislation classified computer workers as professionals if their hourly pay was “at least 6½ times greater than
8288-409: The bill. A bill can be held for as long as the senator who objects to the bill wishes to block its consideration. Holds can be overcome, but require time-consuming procedures such as filing cloture. Holds are considered private communications between a senator and the leader, and are sometimes referred to as "secret holds". A senator may disclose the placement of a hold. The Constitution provides that
8400-483: The certificates "in the Presence of the Senate and House of Representatives", so that the total votes could be counted). Since the 1950s, vice presidents have presided over few Senate debates. Instead, they have usually presided only on ceremonial occasions, such as swearing in new senators, joint sessions, or at times to announce the result of significant legislation or nomination, or when a tie vote on an important issue
8512-409: The chamber of the Senate is a dais from which the presiding officer presides. The lower tier of the dais is used by clerks and other officials. Sessions of the Senate are opened with a special prayer or invocation and typically convene on weekdays. Sessions of the Senate are generally open to the public and are broadcast live on television, usually by C-SPAN 2 . Senate procedure depends not only on
8624-485: The changes would make millions of additional workers ineligible to obtain relief under the FLSA for overtime pay. Attempts in Congress to overturn the new regulations were unsuccessful. Conversely, some low-level employees (particularly administrative-support staff) that had previously been classified as exempt were now reclassified as non-exempt. Although such employees work in positions bearing titles previously used to determine exempt status (such as "executive assistant"),
8736-607: The day by a vote of 5–4 in what became known as the Connecticut Compromise . The Connecticut Compromise provided, among other things, that each state—regardless of population—would be represented by two senators. First convened in 1789, the Senate of the United States was formed on the example of the ancient Roman Senate . The name is derived from the senatus , Latin for council of elders , derived from senex , meaning old man in Latin. Article Five of
8848-468: The definition of an "exempt" employee. Low-level working supervisors throughout American industries were reclassified as "executives" and lost overtime rights. The changes were sought by business interests, which claimed that the laws needed clarification and that few workers would be affected. The Bush administration called the new regulations "FairPay". However, other organizations, such as the AFL–CIO , claimed
8960-524: The duties of the office on which I am about to enter. So help me God. The annual salary of each senator, since 2009, is $ 174,000; the president pro tempore and party leaders receive $ 193,400. In 2003, at least 40 senators were millionaires; by 2018, over 50 senators were millionaires (partly due to inflation). Along with earning salaries, senators receive retirement and health benefits that are identical to other federal employees, and are fully vested after five years of service. Senators are covered by
9072-606: The effects of the 1966 extension, which raised the minimum wage in several economic sectors, found that the minimum wages increases led to a sharp increase in earnings without any adverse aggregate effects on employment. The legislation also substantially reduced the racial wage gap. The Age Discrimination in Employment Act of 1967 (ADEA) prohibited employment discrimination against persons forty years of age or older. Some older workers were being denied health benefits based on their age and denied training opportunities prior to
9184-427: The employee customarily and regularly receives more than $ 30 a month in tips". If the employee's wage does not equal minimum wage, including tips, the employer must make up the difference. However, the employee must be allowed to keep all tips, either individually or through a tip pool. A tip pool may also contain only "employees who customarily and regularly receive tips". "The phrase 'customarily and regularly' signifies
9296-662: The employees. The bill, as proposed, would have applied to employers with 15 or more employees for employees as defined in the Fair Labor Standards Act. Title 29 of the United States Code Title 29 of the United States Code is a code that outlines labor regulations in the United States. Title 29 has 35 chapters: This United States federal legislation article is a stub . You can help Misplaced Pages by expanding it . United States Senate Minority (49) The United States Senate
9408-515: The exemption's terms. The Fair Labor Standards Act applies to "any individual employed by an employer" but not to independent contractors or volunteers because they are not considered "employees" under the FLSA. Still, an employer cannot simply exempt workers from the Fair Labor Standards Act by calling them independent contractors, and many employers have illegally and incorrectly classified their workers as independent contractors. Some employers similarly mislabel employees as volunteers. Courts look at
9520-534: The final category above – Arizona , Hawaii , Kentucky , Maryland , Montana , North Carolina , Oklahoma , Utah , West Virginia , and Wyoming – the governor must appoint someone of the same political party as the previous incumbent. In September 2009, Massachusetts changed its law to enable the governor to appoint a temporary replacement for the late senator Edward Kennedy until the special election in January 2010. In 2004, Alaska enacted legislation and
9632-413: The general election and candidates receiving a majority of the votes is declared the winner, skipping a run-off. In Maine and Alaska , ranked-choice voting is used to nominate and elect candidates for federal offices, including the Senate. The Seventeenth Amendment requires that vacancies in the Senate be filled by special election. Whenever a senator must be appointed or elected, the secretary of
9744-503: The inability of a legislature to elect senators, intrastate political struggles, bribery and intimidation gradually led to a growing movement to amend the Constitution to allow for the direct election of senators. In contrast to the House of Representatives, the Senate has historically had stronger norms of conduct for its members. Article I, Section 3, of the Constitution , sets three qualifications for senators: (1) they must be at least 30 years old; (2) they must have been citizens of
9856-416: The inside of the desk's drawer with a pen. Except for the president of the Senate (who is the vice president), the Senate elects its own officers, who maintain order and decorum, manage and schedule the legislative and executive business of the Senate, and interpret the Senate's rules, practices and precedents. Many non-member officers are also hired to run various day-to-day functions of the Senate. Under
9968-547: The job opportunities for workers with disabilities, so Section 14(c) is to be utilized only as needed to offset any opportunity loss. The majority of Section 14(c) workers are employed through work centers, but these individuals also work through businesses, schools, and hospitals. As of 2001, 424,000 employees with disabilities were receiving the subminimum wages through 5,600 employers under Section 14(c). More than 50% of workers with disabilities were paid $ 2.50 per hour or less by their employers due to reduced productivity caused by
10080-418: The last third expired after six years. This arrangement was also followed after the admission of new states into the union. The staggering of terms has been arranged such that both seats from a given state are not contested in the same general election, except when a vacancy is being filled. Class I comprises Senators whose six-year terms are set to expire on January 3, 2025. There is no constitutional limit to
10192-442: The media and other sources by party and state; for example, Democratic majority leader Chuck Schumer , who represents New York, may be identified as "D–New York" or (D-NY). And sometimes they are identified as to whether they are the junior or senior senator in their state ( see above ). Unless in the context of elections, they are rarely identified by which one of the three classes of senators they are in. The Senate may expel
10304-650: The minimum wage was outlawed in New Hampshire in 2015, in Maryland in 2016, and in Alaska in 2018. Section 14(c) of the Fair Labor Standards Act states that with the approval of the Department of Labor's Wage and Hour Division (WHD) certain employers can pay employees with disabilities below the minimum wage. In order for the subminimum wage to apply, the disability of the worker must directly affect their productivity in their given position. The employer must show that
10416-605: The most important piece of New Deal legislation since the Social Security Act of 1935 . In 1946, the US Supreme Court ruled in Anderson v. Mt. Clemens Pottery Co. that preliminary work activities controlled by the employer and performed entirely for the employer's benefit are properly included as working time under the FLSA. In response, Congress passed the 1947 Portal-to-Portal Act, which narrowed
10528-456: The nominee may receive only a plurality, while in some states, a runoff is required if no majority was achieved. In the general election, the winner is the candidate who receives a plurality of the popular vote. However, in five states, different methods are used. In Georgia , a runoff between the top two candidates occurs if the plurality winner in the general election does not also win a majority. In California , Washington , and Louisiana ,
10640-454: The number of terms a senator may serve. The Constitution set the date for Congress to convene — Article 1, Section 4, Clause 2, originally set that date for the third day of December. The Twentieth Amendment , however, changed the opening date for sessions to noon on the third day of January, unless they shall by law appoint a different day. The Twentieth Amendment also states that the Congress shall assemble at least once every year, and allows
10752-463: The party. By custom, the leader of each party sits in the front row along the center aisle. Forty-eight of the desks date back to 1819, when the Senate chamber was reconstructed after the original contents were destroyed in the 1812 Burning of Washington . Further desks of similar design were added as new states entered the Union. It is a tradition that each senator who uses a desk inscribes their name on
10864-523: The passage of the ADEA. The act applies only to businesses employing more than twenty workers. The 1974 amendment expanded coverage to include other state and local government employees that were not previously covered. Domestic workers also became covered and the minimum wage was increased to $ 2.30 per hour in stages. The 1977 amendment increased the minimum wage in yearly increments through 1981 to $ 3.35 an hour. Changes were made involving tipped employees and
10976-405: The prepossessions and habits incident to foreign birth and education. The term of nine years appears to be a prudent mediocrity between a total exclusion of adopted citizens, whose merits and talents may claim a share in the public confidence, and an indiscriminate and hasty admission of them, which might create a channel for foreign influence on the national councils. The Senate (not the judiciary)
11088-424: The production of goods for commerce" unless the employer can claim an exemption from coverage. Generally, an employer with at least $ 500,000 of business or gross sales in a year satisfies the commerce requirements of the FLSA, and therefore that employer's workers are subject to the Fair Labor Standards Act's protections if no other exemption applies. Several exemptions exist that relieve an employer from having to meet
11200-403: The production of goods for commerce, unless the employer can claim an exemption from coverage. The Act was enacted by the 75th Congress and signed into law by President Franklin D. Roosevelt in 1938. The Fair Labor Standards Act applies to "employees who are engaged in interstate commerce or in the production of goods for commerce, or who are employed by an enterprise engaged in commerce or in
11312-506: The rate of one and one-half hours for each hour of employment for which overtime compensation would be required by the Fair Labor Standards Act. Other employers may not compensate employees with paid time off in lieu of overtime pay. The amendment exempted state and local governments from paying overtime for special detail work performed by fire-protection, law-enforcement, and prison-security employees. The amendment exempted state and local governments from paying overtime to employees working in
11424-403: The rate of pay workers receiving special minimum wages to remain comparable to that of employees without disabilities. These requirements of subminimum wage review by the employers were added to Section 14(c) through a 1986 amendment. The intention of the section is to enable higher employment for people with disabilities. The concern with enforcing minimum wage was that there would be a decrease in
11536-461: The responsibility of presiding to a majority-party senator who presides over the Senate, usually in blocks of one hour on a rotating basis. Frequently, freshmen senators (newly elected members) are asked to preside so that they may become accustomed to the rules and procedures of the body. It is said that, "in practice they are usually mere mouthpieces for the Senate's parliamentarian , who whispers what they should do". The presiding officer sits in
11648-399: The results of votes. Each party elects Senate party leaders . Floor leaders act as the party chief spokesmen. The Senate majority leader is responsible for controlling the agenda of the chamber by scheduling debates and votes. Each party elects an assistant leader (whip) , who works to ensure that his party's senators vote as the party leadership desires. In addition to the vice president,
11760-434: The rules, but also on a variety of customs and traditions. The Senate commonly waives some of its stricter rules by unanimous consent . Unanimous consent agreements are typically negotiated beforehand by party leaders. A senator may block such an agreement, but in practice, objections are rare. The presiding officer enforces the rules of the Senate, and may warn members who deviate from them. The presiding officer sometimes uses
11872-410: The statutory minimum wage, overtime, and record-keeping requirements. The largest exceptions apply to the so-called " white collar " exemptions that are applicable to professional, administrative and executive employees, though exemptions also exist for jobs such as movie theater workers. Exemptions are narrowly construed, as an employer must prove that the employees fit "plainly and unmistakably" within
11984-468: The time of proposal, H.R. 2563 had two original cosponsors; two additional cosponsors added July 2009. In 2013, Representative Grayson reintroduced the Paid Vacation Act as H.R. 2096. Apart from the omission of the 2009 proposal's findings section, H.R. 2096 was virtually identical to H.R. 2563. Representative Grayson was the sole original sponsor for the bill, which was immediately referred to
12096-786: The tip credit. Partial overtime exemption was repealed in stages for certain hotel, motel, and restaurant employees. The Migrant and Seasonal Agricultural Worker Protection Act (MSPA), enacted in 1983, was designed to provide migrant and seasonal farm workers with protections concerning pay, working conditions, and work-related conditions to require farm labor contractors to register with the US Department of Labor and assure necessary protections for farm workers, agricultural associations, and agricultural employers. An amendment permitted state and local government employers to compensate their employees' overtime hours with paid time away from work in lieu of overtime pay. Paid time off must be given at
12208-511: The work of an employee with a disability is less productive than the standard set for employees without disabilities. If approved by the WHD, the rate of pay for the worker with a disability can correlate to their productivity in comparison to workers without disabilities. Every sixth months at a minimum, employers certified under Section 14(c) must review the special minimum wage of their hourly employees. Annually, Section 14(c) employers must also adjust
12320-785: The work to file a lawsuit for uncompensated time. Upon signing the act, President Harry Truman urged Congress to increase the minimum wage from 40 cents per hour to 65 cents per hour. The full effect of the FLSA of 1938 was postponed by the wartime inflation of the 1940s, which increased (nominal) wages to above the level specified in the Act. On October 26, 1949, President Truman signed the Fair Labor Standards Amendment Act of 1949 (ch. 736, Pub. L. 81–393 , 63 Stat. 910 , 29 U.S.C. § 201 ). The act defined an employee's "regular rate" of pay for purposes of computation of overtime pay. The act specified that employees were covered by
12432-402: Was $ 35,952. By tradition, seniority is a factor in the selection of physical offices and in party caucuses' assignment of committees. When senators have been in office for the same length of time, a number of tiebreakers are used, including comparing their former government service and then their respective state population. The senator in each state with the longer time in office is known as
12544-415: Was elected to the Senate at the age of 29; he waited until he turned 30 (on the next June 19) to take the oath of office. On November 7, 1972, Joe Biden was elected to the Senate at the age of 29, which was only 13 days prior to his 30th birthday on November 20, 1972. Therefore, he reached his 30th birthday before the swearing-in ceremony for incoming senators in January 1973. The Fourteenth Amendment to
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