samedi 11 janvier 2014

Why Employers Should Adhere To The Fair Labor Standards Act Exemptions

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.

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.

In the third test, which is job duties, the workers are required to meet all the criteria that are outlined in exemptions such as administrative duties, executive job, education establishments, computer related jobs, and learned as well as artistic professionals. Some of the positions, which qualify for the exemptions under the computer test, are such as computer programmers and software engineers.

Workers are generally presumed not exempted and are entitled to overtime pay but there are exemptions to this rule. Certain employees including professionals, administrative workers, executives, sales persons, and computer experts are exempted from this law. In the law, non exempt workers should be paid overtime based on their regular rate of pay at one and half times unless the worker is exempt from such provisions.

However, those deductions should be made in full day increments. This implies that if you are absent for 5 days, you will have a salary deduction for those five days based on your daily pay. If the absenteeism was out of sick leave and vacation time, then reductions are made in half-day increments. This implies that if you are absent for a period of 5 days, the reductions will be made based on the amount of pay you are paid for half a day.

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.

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.

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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