vendredi 10 janvier 2014

How The Fair Labor Standards Act Exemptions Should Be Applied

By Marissa Velazquez


The fair labor standards act exemptions are put forward to protect employees from unfair pay deductions, which may be made on their salaries. There are various provisions, which are governed by this law, and they include minimum wage, child labor, overtime, record keeping, and sex based differences in wages among employees. Three tests are applied in regard to these regulations and they include salary level, salary basis, and duties performed.

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.

The provisions of the law specifically take into account the child labor prohibition, setting of minimum wages, the entitlement of overtime pay, and prohibition of wage differentials based on sex. They also entail requirements for record keeping by ensuring that workers and employers have details on how they have worked.

Other positions under computer test are such as computer systems analysts and workers in the field of computers including those who design, develop, document, analyze, create, test, and modify computer systems and programs. The executive test takes into account workers who qualify for exemptions including passing salary threshold and their primary duty of managing traditionally recognized sub division or department of an enterprise.

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.

Out of 5 days, then two and half days may be deducted from your salary. FLSA takes into account different provisions, which govern employers in determining employees who are exempted or not exempted. The law helps in protecting employees from employers who might want to take advantage of employee and make deductions on their pay.

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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