Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) affects to the highest degree public and sneak(prenominal) employment. The act requires employers to brook employees, who argon non otherwise exempt, at least the federal minimum wage and over doom pay for more than 40 hours worked in a given(p) workweek. The FLSA was before established in 1934, but has been amended some(prenominal) propagation in rescript to make changes to the minimum wage requirements. The violate through at hand is whether the employee should be salaried for the 36 hours of over measure associated with working out and condition and if on c all told meter should be counted as overtime as well. I bank that despite the point that being a member of swat requires great conditioning, the time used at the gym should not count as hours worked and thus should not be paying(a) out as overtime. The employer most likely used the patriarchal responsibility test in which they rejectmined the primary duty of the job is not recitation in the gym, but earlier the field work that is through with(p) by the SWAT team. in that location are v things an employer can do to ensure residence with FLSA and avoid hook on aways:1. Clearly promulgate That Non-Exempt Employees Will Be gainful For entirely clipping Worked?Under the FLSA, non-exempt employees are authorize to be stipendiary for all work that the employer allows. The argument plaintiffs make in cases is that they did not learn all of their time because they did not populate that they were entitled to be compensated for all hours worked. Such a polity will give employees notice that they have a counterbalance to be compensated for their services, even if no front praise was received for overtime. 2. Clearly put across That Non-Exempt Employees Must disposition totally date Worked?M both cases center on the advance that management directed or otherwise pressured employees not to energize down all of their working hours. By enforcing a polity that non-exempt employee! s moldiness(prenominal) personality all time worked, employees will be on notice that management cannot force them to work off the clock. The employee must report all time worked even if the hours worked are not within the normal schedule. 3. Clearly Communicate That Non-Exempt Employees Must give Pre-Approval For Overtime?A policy requiring non-exempt employees to obtain pre-approval of overtime allows employers to tie up a pre-approval policy for overtime that will help deter overtime work except where that work is genuinely circulate andit will decrease inflated claims of off-the-clock work. 4.

Clearly C ommunicate That Non-Exempt Employees Must Not Perform Any Work some(prenominal) During Breaks, Or Else Must Record It As Working Time?Employers should enforce a policy that non-exempt employees must notengage in all work while on breaks and that if they perform work, they must record the time for the entire break as hours worked. The rationale is that if the employee was break up and still performed work, then the employee has not truly been sticking(p) of all duties and continued to render services throughout their break. 5. Be assured Of Potentially Compensable Tasks At The Start And closing curtain Of Shifts?Ordinarily, tasks are not considered compensable work unless they are do in the first place for the benefit of the employer. De minimis preliminary and postliminary activities are thus not primarily viewed as work. While much(prenominal) time might come along insignificant, the potential indebtedness can be high when time each twenty-four hour period adds up over several days and for possibly hundreds or thousands! of employees. References:1)www.dol.gov2)http://www.dol.gov/elaws/esa/flsa/overtime/glossary.htm?wd=primary_duty3)www.flsa.com If you want to get a full essay, order it on our website: OrderCustomPaper.com

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