dimanche 12 janvier 2014

How Fair Labor Standards Act Exemptions Are Applied

By Marissa Velazquez


Employers should observe the stipulations laid down in the Fair Labor Standards Act in order to ensure workers receive their pay as prescribed in the law. Understanding applications of fair labor standards act exemptions can avert conflicts in workplace. According to Fair Labor Standards Act-FLSA, exempt workers are paid their salaries as stipulated, and they are not subjected to reductions in pay due to variations in the quality and quantity of work they perform.

If employers do not follow these regulations, they may create conflicts in workplace or even be subjected to legal processes. Certain employees are classified as exempt or non-exempt from the act and it is essential that employees know whether they are exempted or not exempted. These regulations prohibit employers from mistreating workers in regard to their payments.

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.

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.

The provisions under this act include prohibiting child labor, setting minimum wage, requirement for overtime pay, requirement for equal pay, prohibition of sex based wage differences, as well as requirement for record keeping. In the entitlement to overtime pay, there are some exempts, which include administrative, executive, computer employees, and professionals. For overtime pay, employees should be paid at one and half time their normal rate of pay unless they are in the category of exempt workers.

In the event that the deductions are improperly effected, then the worker is able to get compensation as quickly as possible. The records of the complaints and the ruling arrived at are documented in the file of the employee at the human resource office for future references. Proper application of the fair labor standards act exemptions can help enhance harmony within workplace and reduce unfair deductions of pay.




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