FAIR LABOR STANDARDS ACT

Fair Labor Standards Act (FLSA) - Case Study

Table of Contents

Fair Labor Standards Act (FLSA) - Case Study1

Fair Labor Standards Act1

Application of the Law1

Potential FLSA claim1

36 hours overtime2

12 hours a week overtime on-time overtime2

Legal basis of the conclusion2

Compliance with FLSA to avoid claims through an HR perspective3

Prove that the employees are exempt, otherwise pay them overtime3

Account every hour worked3

Calculate overtime pay according to the FLSA3

Self audit of compliance to the FLSA exempt and non-exempt regulations is essential4

Properly manage payroll record-keeping4

References5

Fair Labor Standards Act (FLSA) - Case Study

Fair Labor Standards Act

The Law of 1938 shortened as FLSA, or as Wages and Hours Bill. Its sets a minimal wage nationally, and ensures time and a half wage for every hour worked as over time. The law relates to employees and employers in commerce across the state, and extends to enterprises occupied in the production and manufacturing, unless specially claimed for exemption.

Application of the Law

According to the FLSA, the employer does not have the right to claim exemption declaring their employees as independent contractors, or illegally misrepresent their workers as independent to exempt overtime pay.

There are instances when an employee who is not exempt, over-time is not adequately paid for the time spent on travelling on the job, or for the activities prior or after the time of their shift, or even the time it requires to prepare for the work that is essential to the job. If an employee is liable for overtime, they must be paid one and a half times the employee's "regular rate of pay", for all hours worked over 40 in the same work week (Aldrich, 1989).

Potential FLSA claim

The SWAT individual is facing two issues for which he has not been paid overtime. The guidelines of the FLSA are referred with the issues faced to understand if he has the grounds to file a claim.

36 hours overtime

The SWAT member got no compensation for the three hours a week, and a total of 36 extra hours in the past 12 weeks for the over-time he did for the job. This is a valid claim as the extra hours were spent in physical conditioning, which contributed directly to the individual`s job description of physical fitness. This effort and extra time makes it defendable under the FLSA and should be compensate. This is a valid claim, and can be challenged in court (Grossman, J. 1978).

12 hours ...