...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...
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...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...
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...by the Fair Labor Standards Act are as follows; there are no stipulations for rest periods such as coffee or cigarette breaks, holidays, severance or sick pay, as well as any type of extra pay for weekends. There are also examples in which there may be a small company with a low sales volume, which can be exempt from the Act as well. There are cases in which the union may override hourly wage issues; for instance, when an employee works 40 hours in 3 days, under the act they would not receive extra pay if they maintained working additional hours. State laws may also replace federal laws, it all depends on which law benefits the employee most, and whichever that law does, will be the law that stands. There are also other governing bodies that protect employees such as the EEOC, (Equal Employment Opportunity Commission) “The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions...
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...rates of work, and more (CLW).” In order to mitigate the widespread problem of inadequate working conditions in China, several different solutions—individual solutions through different parties—must be synergized. Only through collaboration between several different parties can the condition of the workers be changed for the better. In 2012, Apple Inc. and its main manufacturer Foxconn collectively arranged inspections for Foxconn’s major Chinese factories due to pressure from the Fair Labor Association (“FLA”). What is the FLA? Who does it belong to etc. According to the Chicago Tribune, this was a “response to one of the largest investigations ever conducted of a U.S. company’s operations outside of America (Gupta).” In order to placate critics of Apple and Foxconn, the two companies were obligated to bow to the pressure from the Fair Labor Association (“FLA”) and go through with the probe. After inspecting three separate Foxconn plants and 35,000 workers, the FLA discovered several violations of labor law, most noticeably extreme hours and unpaid...
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...Is Apple doing enough to control its employment practices in its Chinese factories? During a recent internal audit of 229 factories in Asia, Apple found that several of its standards were being violated by suppliers. According to a textbook written by Kinicki and Williams (2012), these violations included breaching standards established by Apple for working hours, hazardous-substance management processes, safety practices to prevent worker injuries, and wages and benefits (p 128). Kinicki and Williams (2012) cited four options to consider on this issue: (1) do nothing. “It is not Apple’s responsibility to manage the operation of its suppliers,” (2) “provide the results to management at the supplier firms and encourage them to follow Apple’s standards,” (3) “provide the results to management at the supplier firms and mandate that they make efforts to bring their operational policies in line with Apple’s standards. Create sanctions for those that do not meet the standards,” and, (4) “invent other options” (p. 129). The first option was to do nothing. There has been a great deal of public scrutiny on this issue so Apple cannot ignore it unless the company is willing to assume the risk of loss of reputation which could transcend into loss on brand equity and revenues. According to Ross Eisenberry, the Vice President of the Economics Policy Institute, Apple made commitments six years ago to address these issues but nothing has changed. He said, “People have believed Apple’s...
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...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...
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...BAM 411 Human 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...
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...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...
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...Minimum wage 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...
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...Employment Law Compliance Plan HRM/531 MEMORANDOM To: Bradley Stonefield, Owner From: Date: June 8, 2015 Subject: Employment Law Compliance Plan Thank you for taking the time to speak with us today. Per our discussion, I would like to address the employment laws that are specific to both Texas and federally. The consequences for noncompliance of these employment laws will be addressed as 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...
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..."Fair Labor Standards Act." Fair Labor Standards Act. N.p., n.d. Web. 25 Feb. 2016. (History Of Minimum Wage) President Franklin D. Roosevelt characterized the Fair Labor Standards Act of 1938 (FLSA), as “the most far-reaching, far-sighted program for the benefit of workers ever adopted in this or any other country.” A law drafted by Senator Hugo Black of Alabama and signed into law in June 1938, the FLSA was designed to “put a ceiling over hours and a floor under wages” by establishing an eventual maximum 40 weekly work hours. Henderson, David R. "Raising the Minimum Wage Will Not Reduce Poverty." Poverty. Ed. Viqi Wagner. Detroit: Greenhaven Press, 2007. Opposing Viewpoints. Rpt. from "The Negative Effects of the Minimum...
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...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...
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...Landslide. Results of a Market Evaluation On account of tight competition, hiring qualified and experienced limousine drivers in Austin, Texas for a small start-up business is challenging. Austin has a large number of competing limousine businesses operating in or near the Austin area. 441 competing companies in Austin create a number of issues when it deals with human resources. Among the problems one could expect in this market is high employee turnover because to low wages. Another factor to consider is the tightening of the US job market in current years. The number of qualified applicants is decreasing as the US economy improves and employment in US job market pick-up. The Bureau of Labor Statistics published the newly released, November 8, 2013, Government figures from the Bureau of Labor Statistics. It shows that total nonfarm payroll employment rose by 204,000 in October, 2013. “Employment increased in leisure and hospitality, retail trade, professional and technical services, manufacturing, and health care,”...
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...Running Head: BENEFITS OF FLEXIBLE SCHEDULES Prepared For Sandra Haynes, Accountant Manager Haynes Accounting and Tax Services Prepared By Victoria M. Foster, Accountant March 5, 2013 Contents i. Executive Summary………………………………………………………………..IV I. Introduction………………………………………….……….………………………5 II. Current Research……..…………………………………………...………………..6 III. Benefits and Challenges of a Flexible Work Schedule …... ……………...…....7 IV. Benefits of a Flexible Work Schedule……………………………………....….....8 V. Recommendations and Conclusion ………………………………...…….………8 VI. References……..………...…..………………………………………...………….10 EXECUTIVE SUMMARY Haynes Accounting and Tax Services is a mid-size accounting firm that specializes in accounting, bookkeeping, payroll services, business incorporation (S-corp & LLC), and tax preparation services in the Greater Baton Rouge Area. They have worked closely with their clients to understand their precise needs and support them in achieving their business goals. Their team has proficiency in tax preparation and tax planning, internal auditing, budgeting, financial planning in addition to other areas and with many years of experience serving the local community, they have developed a unique of record of truthfulness and expertise. Haynes Accounting and Tax Services employees will benefit from implementing a flexible work schedule in several ways, {a} employees with families may utilize their work...
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...Employer’s Duty of Care Jamie Martinez Law, Ethics, and Corporate Governance Professor Boneita Campbell August 7, 2011 Introduction As employees, we are held to the same standard to act in good faith in whatever position we hold. Employers also have that same duty to take care of the employees that perform the day to day tasks to make the company successful. Whether it is through extra time off, increase in pay, or better benefits employers have an obligation to their employees. Both the employer and employee have a common law duty of care to each other and to other employees. The relationship that employers have with their employee requires that duty of care is displayed by both parties. In addition the Health and Safety at Work Act 1974 requires employers and employees to take reasonable care for the health and safety of everyone at work, including visitors and other non-employees who use the premises. Explain whether Jake’s actions are in or out of his “scope of employment” Accepting a position in an organization means that you have signed an agreement to form a relationship with your employer. The employee is expected to be loyal, obedient, and carry out the duties that he has agreed to perform as stated a contract that would have been signed at the time of hiring. Employees are required to be honest to their employers and must work to the best of their abilities. The employee is supposed to be following all lawful and clearly given command of his employer...
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