vendredi 17 janvier 2014

How The Fair Labor Standards Act Exemptions Should Be Applied

By Marissa Velazquez


Employers are mandated to follow the stipulations set under the fair labor standards act exemptions in order to ensure they do not deprive worker of their pay. Before an employee signs a work contract, he or she should understand how these regulations are applied as per the employment agreement. The Fair Labor Standards Act is intended to protect employees from actions of employers, which may deprive them their pay.

Their salaries cannot be reduced even if one performs less amount of work or works less hours in a day. Workplace conflicts can arise where employees they are being subjected to unlawful deduction in their pay. This can lead to serious consequences including strikes and legal prosecutions.

Employees who feel that their salaries have improperly been reduced should follow the right procedures to put forward their complaints. This can help resolve the issue with the employer and avert further complications. However, the exemptions on workers from the FLSA regulations may not apply to some cases.

If an exempt worker absents from work for a day or more on grounds that are not clearly understood by the company, reductions can be made on their salaries. If an employee absents from work on personal reasons, which do not qualify for vacation time or sick leave, then the act allows permission on reductions to be made on the salary of such employees.

It requires an employee to have worked more than 40 hours in a workweek in order to be entitled for overtime and proper record keeping is needed to remain complaint with this law. Workers who are exempted from this law should meet three tests, which are namely salary level, salary basis, and jot duties. It is important that employers and employee understand these kinds of regulations to avoid conflicts of interest.

Exempt employees based on salary levels are required to routinely receive full salary for a week they have performed work and this is regardless of the days and number of hours worked. Nonetheless, if the workers do not perform work in any workweek, they are not paid for that duration. In addition, there are exceptions to this salary basis exemption.

In the complaint, an employee should include details of the dates and the circumstances, which led to the pay deduction and state if this kind of practice has occurred severally in the previous times. On the other hand, the human resource personnel have to review the complaint and do thorough research and investigation to determine whether this complaint has some grounds. The employee is interviewed alongside the supervisor to establish if the pay reductions were effected in line with Brown Policy.

Overtime is perceived as the time an employee works more than 40 hours during one workweek. Employees and employers alike are required to keep record of the working schedules and time in order to remain compliant. With proper understanding and adherence to regulations governed by the fair labor standards act exemptions, employers and employees are able to come into common agreements and avert conflicts.




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