...Fair Labor Standard Act Jamesca Caton Saint Leo University Professor Richard Primo October 11, 2015 Abstract In this paper I will discuss the background and history of the Fair Labor Standards Act and discuss the record keeping of employees that are exempt and non-exempt under Fair Labor Standard Act. Also, I will discuss the compensation and overtime pay of employees under the Fair Labor Standard Act and the enforcement of and regulations of the Fair Labor Standards Act. Moreover, I will discuss some current issues with the Fair Labor Standards Act such as child labor laws as well. BACKGROUND AND HISTORY In 1938, the Fair Labor Standards Act was passed to help put protections in place for workers across America. The act was passed after the Great Depression, at a time when many employers took advantage of the horrible working conditions and impossible hours. This act was passed to regulate minimum wage, overtime pay, equal pay, record keeping and child labor standards in the United States and to guarantee a workers right to be paid fairly under the Fair Labor Standards Act. The Fair Labor Standards Act help establish the federal minimum wage for all employees and sets requirements for overtime for employees as well. The FLSA also defines the forty hour work week for employees and places restrictions on child labor. The Fair Labor Standards Act has been amended several times to expand the law to require employees both male and female to receive equal pay for...
Words: 2145 - Pages: 9
...What is the Fair Labor Standards Act (FLSA) Overview According to the Fair Labor Standards Act (FLSA): “The FLSA sets minimum wage, overtime such as how many hours and what the pay is, record keeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.” FLSA Minimum Wage: Instances as to where an employee is subject to both state and federal minimum wage laws the higher of the two is to be given to the worker. FLSA Overtime: A bare minimum of $7.25 an hour to all workers is required by law since July 24, 2009. And after reaching 40 hours in a work week each additional hour is to be compensated with one and a half times the amount. A work week as defined by the FLSA is ”any...
Words: 685 - Pages: 3
...The Fair Labor Standards Act faces many issues surrounding compensatory time. The first issue surrounds the usefulness of the time off plan. The Department of Labors’ Field Operations Handbook 32j16b suggests that to comply with the FLSA and to continue to pay a fixed wage or salary each pay period, even though the employee works OT in some week or weeks within the pay period, the employer lays off the employee a sufficient number of hours during some other week or weeks of the pay period to offset the amount of OT worked so that the desired wage or salary for the pay period covers the total amount of compensation, including OT compensation, due the employee under the FLSA for each work week taken separately. The plan may use a standard number...
Words: 1240 - Pages: 5
...How Would You Feel? How would you feel if you were an independent contractor selected for a job, great pay; then, when the job was over you were not compensated? There are many New Orleanians who have experienced this. This is called wage theft. Wage theft is a crime that seems to be recurring, and it occurs when you are not paid properly for doing a job: it can be from not being paid for working late, not being paid at all, or not being paid the minimum amount per hour you are supposed to be paid. The widespread problems of wage theft in New Orleans should be minimized by amending the Fair Labor Standards Act of 1938 (FLSA). Wage theft has been inconspicuous, but it came to light post-Katrina, and has become a tremendous problem. Countless...
Words: 801 - Pages: 4
...Resource Management Unit 3 Examination Follow Below Link to Download Tutorial https://homeworklance.com/downloads/bam-411-human-resource-management-unit-3-examination/ For More Information Visit Our Website ( https://homeworklance.com/ ) Email us At: Support@homeworklance.com or lancehomework@gmail.com 1. The process of evaluating an employee’s current and/or past performance relative to his or her performance standards is called ________. • employee selection • recruitment • performance appraisal • organizational development 2. The “S” in the acronym for SMART goals stands for ________. • straightforward • specific • strategic • support 3. Who is the primary person responsible for doing the actual appraising of an employee’sperformance? • the EEO contact person • the company appraiser • the employee’s direct supervisor • None of the above. 4. Because in most organizations there is a hierarchy of goals, employee performance standardsshould ________. • make sense in terms of the broader organizational goals • be standard • be decided by the top executive • All of the above. 5. Besides the supervisor, which of the following is available to managers as an alternative sourceof performance appraisal information? • the employee • rating committees • peers • All of the above. 6. Suppose you have five employees to rate. You make a chart of all possible pairs of employees for each trait being evaluate Then, you indicate the better employee...
Words: 4185 - Pages: 17
...(OSHA), Employee Retirement Income Security Act (ERISA), and Fair Labor Standards Act (FLSA). Employee Privacy Federal Law – General Privacy Laws * Driver’s Privacy Protection Act of 1994 – 18 U.S. Code 2721. This law limits disclosures of personal information maintained by the Department of Motor Vehicles. * Electronic Communications Privacy Act of 1986 – 18 U.S. Code sections 2510-2522, 2701-2711, 3121, 1367. This law amends the federal wiretap law to cover different types of electronic communications i.e. e-mail, radio-paging devices, cell phones, private communications carriers, and computer transmissions and extends ban on interception to the communications of wire or electronic communication services and restricts access to stored wired and electronic communication/transaction records. * Family Education Rights and Privacy Act of 1974 (FERPA) – 20 U.S. Code section 1232g. This law restricts the disclosure of educational records. * Fair Credit Reporting Act (FCRA) – 15 U.S. Code sections 1681-1681u. This law promotes accuracy, fairness, and privacy of information gathered by credit bureaus and sold to creditors, employers, and other businesses. * Fair Debt Collection Practices Act – 15 U.S. Code sections 1692-1692p. This is to eliminate abusive debt collection practices by debt collectors and promotes consistent State action to protect consumers against debt collection abuses. * Federal Privacy Act of 1974 – 5 U.S. Code section 552a. This...
Words: 1333 - Pages: 6
... April 14, 2014 Cost Club Scenario 3 Introduction Every employee has fundamental rights in the workplace that include their right to privacy, fair compensation and free from discrimination. Even applicants have rights before they are hired as an employee. Some of those rights include discrimination that is based solely on a person’s race, gender, age, religion, national origin, or during the hiring process (FindLaw, 2014). Employee Privacy * Employees have the right to privacy with regards to their personal possessions * This includes their purses, handbags. Briefcases, lockers. * Employees have limited rights with respect to e-mail messages and internet usage while using Cost Clubs computer system * Employers do not have the right to conduct a credit checks or background checks on an employee or perspective employee without the express written permission of the employee (FindLaw, 2014). Employee Unions Under the National Labor Relations Act (NLRA), employers are forbidden from interfering in an employee’s right to organize, or to join or assist in a labor organization for collective bargaining purposes, or prohibit working together to improve terms and conditions of their place of employment. Union employer’s may not coerce their employees in exercising any of their rights such as (National Labor Relations Board, 2014): * It is illegal for an employer to threaten their employees with the loss of their jobs or benefits if they choose to join...
Words: 1269 - Pages: 6
...well. Laws we will discuss are • Title VII of the Civil Rights Act of 1964 • Americans with Disabilities Act • Age Discrimination in Employment Act of 1967 • Federal Fair Labor Standard • Texas Minimum Wage Law • The Immigration Reform and Control Act of 1986 Title VII of the Civil Rights Act of 1964 Title VII of the Civil Right Act of 1964 was designed for non-discrimination in hiring processes. Hiring cannot be based on race, religion, sex, nor national origin. Your goal of hiring 25 people in the first year, you must comply with this employment law. Non-compliance can result in employees filing a lawsuit if he/she feels they have been discriminated against. Full understanding of this will make sure that you ask appropriate questions during the interview process; inappropriate questions to ask would be marital status, birthplace and anything related to religion. Americans with Disabilities Act Americans with Disabilities Act prohibits any discrimination that is based on a qualified disability. A qualified individual is any person who meets the legitimate skill, experience, education, or another position that he/she seeks or currently holds. Reasonable accommodations must be made for employees who require them; modifying equipment would be an accommodation that would have to be met if need be ("U.S. Equal Employment Opportunity Commission", 2015). Age Discrimination Act of 1967 Age Discrimination Act of 1967, this law prohibits any type of...
Words: 653 - Pages: 3
...Summary The employment-at-will doctrine is a legal doctrine that gives employers the ability to fire employees “for a good reason, a bad reason, or no reason at all” (Halbert & Ingulli, 2012, p.46). This doctrine was developed in the 19th century under the theory that it would be just as fair for an employer to terminate an employee for any reason, as it would be for an employee to resign from employment at any time. There have been a few exceptions to this doctrine, but because they are so broad, the conditions under which an employee can claim their termination is unlawful is difficult to prove. According to the Bureau of Labor Statistics, there are three exceptions to the employment-at-will doctrine. These address terminations that do not seem just although they technically comply with the doctrine requirements (Muhl, 2001). The first exception is a termination that undermines an action that would be beneficial for society, or is a violation of a State’s public policies. The next exception prohibits employee termination after an implied contract has been established from written assurances, a company handbook, policies or behavior. Finally, an implied covenant of “good faith and fair dealings” between employer and employee is an exception that is the least used among the 50 states. In certain cases, such as those protecting financial service sectors and federal employees, whistleblowing is not a legal ground for termination. A whistleblower is someone who seeks to...
Words: 1578 - Pages: 7
...The Fair Labor Standards Act (FLSA) of 1938 established the minimum wage, overtime pay, record keeping and child labor standards (Minimum Wage - Wage and Hour Division (WHD). For the purpose of this assignment, the primary focus will be on minimum wage. The minimum wage is a price floor set at a minimum price for labor per hour. The intention for minimum wage is to help alleviate poverty, workers are guaranteed hourly pay, protection of minimum living standards, and employee labor wage equality. Currently, the federal minimum wage is $7.25 and has been in effective since July 24, 2009. Although many states have their own minimum wage laws, which may be above the federal minimum wage, states must comply with both state...
Words: 724 - Pages: 3
...Legal, safety and regulatory requirements on HR process Name Course Instructor Institution Date Safety, legal and regulatory matters have an enormous effect on the human resource because common sense and compassion in the workplace has been replaced by litigations. In the society today, litigation seems to be an increasing greatly and administrators try to create human resource processes that avoid any possible litigation on them and their organizations (Dimond, 2010). I completely agree with the statement “common sense and compassion in the work place has been replaced with litigation.” The number of employee who are attempting to sue or are suing an organization has increased, the reasons why employees are doing this is out of revenge and not for valid reasons. When the economy begins to spiral downwards, there is always a significant increase in litigations in the workplace. The United States is continually making aware of the reduction in the occupations available. Most people have been left unemployed due to the current recession. There is a number of employees who have been laid off from their recent jobs that they expected to have retained. Finding a job security can be hard and most employees fear their financial security. Employees who fail to land another job often choose to sue their recent employer. With an increase in the number of employees who are attempting or suing the organization that they previously worked for, administrators are adjusting the ways...
Words: 813 - Pages: 4
...for an oil change. It is the responsibility of a certified mechanic to ensure a car is inspected for any major damages and preventative care maintenance. Just like when an individual goes to the doctor for a particular problem or illness. The nurses and doctors still perform the normal routine by checking an individual’s blood pressure, temperature, pulse count, heart beat, weight and height to confirm the basics are functioning properly and not contributing to the issue for which you are visiting the office and provide preventative care. The same concept can be applied to a routine oil change service and the need to check other basic functionality and mechanics of car to prevent any future major issues. Bureau Labor Statics, U.S. Department of Labor (2010) states the following: During routine service inspections, technicians test and lubricate engines and other major components. Sometimes, technicians repair or replace worn parts before they cause breakdowns or damage to vehicle. Technicians usually follow a checklist to ensure that they examine every critical part. Belts, hoses, plugs, brakes, fuel system and other potentially troublesome items are watched closely. (p. 1) Therefore, Jake was well within his scope of employment and completing his job with thoroughness to perform routine inspections on all cars requesting the free oil change being offered by the dealership. Q2: Explain whether or not Herman is responsible for Jake’s...
Words: 1133 - Pages: 5
...Limousines Employment Law Compliance Plan as the company grows, determined by the number of employees and the amount of business. Based on the information you have provided, I have including the following employment laws for Landslide Limousines Employment Law Compliance Plan that are applicable for the number of projected employees: Texas Minimum Wage Act, The Equal Pay Act, Title VII of the Civil Rights Act of 1964 (Title 7) and The Age Discrimination in Employment Act of 1967 (ADEA). I will provide a description of each of the aforementioned laws and the associated penalty for violating that law. Texas Minimum Wage Act ties the Texas minimum wage for non-exempt employees to the Federal minimum wage and automatically increases with the Federal minimum wage.(Dolghih, n.d.) The Texas Minimum Wage Act covers the employees of small businesses that are not covered by the Fair Labor Standards Act (FLSA). The FLSA will be applicable once Landslide Limousines has more than $500,000 in business. Should Landslide Limousines decide to transport passengers across state lines, the FLSA would be immediately applicable. The Texas Minimum Wage Act also requires employers to provide employees with a written statement of earnings for each pay period showing hour many hours were worked and the pay per hour...
Words: 1299 - Pages: 6
...The Laws and Acts of Human Resources There are many laws and acts in human resources. In the following paragraphs I will define and explain each one. I will also choose two that I believe are most important and explain why I chose them. The Americans with Disabilities Act was signed in to law on July 26, 1990 and it prohibits discrimination and guarantees equal opportunity and access for all persons with disabilities. There are five titles included in this act. The first title requires employers to provide reasonable accommodations for applicants and employees with disabilities and prohibits discrimination on the basis of disability in all parts of employment. The other titles cover areas such as public services, public accommodations and telecommunications. The Family Medical Leave Act is a law that provides employees with up to 12 weeks of unpaid and job-protected leave from their job. There are times when employees must take time off such as for the birth of a newborn, care of a newborn, adoption of a child etc,. Under The Family Medical Leave Act the employer is required to give an employee their exact job or a similar job as they had prior to leave. The pay and benefits are also required to be the same. Age discrimination is when an applicant or employee is treated differently because of their age. The Age Discrimination Act prohibits discrimination against persons over the age of forty and restricts mandatory retirement requirements, except where age is a...
Words: 700 - Pages: 3
...MID TERM EXAM – PLEASE USE THIS DOCUMENT FOR ANSWERING THE QUESTIONS AND THEN CUT AND PASTE ONTO THE ONLINE EXAMS – The exam has five long essay questions worth 20 points each. Each question should be a minimum of three paragraphs of academic information. PLEASE READ THE UNIT FIVE LECTURE PRIOR TO TAKING THIS TEST and REFER TO THE DEPARTMENT OF LABOR WEBSITE ON THE FLSA. * Refer the Unit Lectures, readings & resources and credible sources from the Library or internet to support your responses * Cite any information that you reword, restate or quote in accord with APA guidelines * It is highly advisable to first answer the questions in a Word document and then copy and paste into the exam * Grading rubric can be found in Course Information * Do not cut and paste from sources but use your own words based on the academic data. You can use quotes when you feel it is appropriate. When you quote, restate or reword you still need to cite the data. Safe Assign may be used to prevent plagiarism and to create opportunities to help students identify how to properly attribute sources Question One: Explain what the Job Analysis process is and why it is so important. Remember that the exams require two to three substantiate paragraphs. Research the question first and then answer the question with appropriate academic citations. The job analysis is a process conducted by HR used to identify and determine a particular jobs duties and requirements of that...
Words: 1741 - Pages: 7
