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Fair Labor Standards Act of 1938
Fair Labor Standards Act of 1938
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Amy should consider the salary level test, salary basis test, and job duties test as her three factors when it comes to determining if shift leaders are exempt or nonexempt. The reason why is because the Fair Labor Standards Act say’s that an employee must meet all three of these criteria’s to be considered exempt. Therefore, if an employer plans on classifying his or her employee as an exempt, then the salary level for that “employee must be paid at least $455 per week, or $910 biweekly, or $1971.66 monthly, or $23,660 annually,” (n.d., pg.1).
The Fair Labor Standards Act states, “an employee is paid on a salary basis if he or she has a guaranteed minimum amount of money he or she can count on receiving for any work week, in which he or she performs” (n.d., para. 7). That means in order for Amy to consider her shift leaders to be exempt, she needs to make she’s following the FLSA that say’s all exempt employees must meet both the salary level test and salary basis test.
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11). The exempt job duties include regularly supervising two or more other employees, has management as their primary job position, and has some genuine input into the job status of other employees, such as hiring, firing, assignments, or promotions (FLSA, n.d.). According to FLSA, “supervision means what it implies. The supervision must be a regular part of the employee’s job, and must be of other employees. Supervision of non-employees does not meet the standard. The two employee’s requirement may be met by supervising two full-time employees or the equivalent number of part-time employees, such as two half-time employees equals one full-time employee” (n.d., para.
Susan Kellar contends that she is entitled to overtime under the Fair Labor Standards Act for work performed prior to the official start of her work shift. The district court granted summary judgment in favor of her employer, Summit Seating, because it found that Kellar's pre-shift activities were “preliminary,” that any work Kellar performed before her shift was “de minimis,” and that Summit did not know that Kellar was engaging in pre-shift work. While we disagree with the district court's conclusions regarding the “preliminary”
Almost two years ago the company where I am employed, RGIS LLC, mandated a pay policy change for the hourly employees. Hourly employees make up over 95% of RGIS’s labor staff. This new, four-tier payment scale, aptly named “Pay 4 Performance” (p4), ultimately affected thousands of employees who had been with the company for years and had high pay rates simply as a result of longevity. The four new levels would have a matching pay scale based upon each individual employee’s production. These levels are what RGIS calls an ASET level: Auditor, Specialist, Expert, and TopGun, with each level advancing to a higher production and pay rank, respectively (Company).
The Family and Medical Leave Act of 1993 (FMLA) provides certain employees with up to 12 weeks of unpaid leave and job protection for childbirth, adoption or foster care; to care for a seriously ill child, spouse, or parent; or for an employee’s own serious illness (Cañas & Sondak, 2011). It also requires that their group health benefits remain intact during the unpaid leave of absence. The employee must have worked for the employer for at least a year and must have earned 1,250 hours of service during the previous 12 months ((Cañas & Sondak, 2011, pg. 70).
Paychecks for the lunch ladies were often miscalculated and did not include overtime pay. The supervisors of the cafeteria also assigned “split schedules” for employees, leading to frustrating inconveniences for employees who commuted to Chapel Hill. In terms of upward mobility, the lunch ladies were also classified as temporary rather than permanent employees, barring them from fringe benefits such as health care or sick leave. Workers in the cafeteria were denied promotions and worked as temporary employees for months or years without raises or promotions despite experience and skills. One woman, Mary Smith (also a prominent leader of the strike), was essentially performing managerial tasks like training new employees and assigning supervisors and was still employed as a temporary worker.
To resolve the gender wage gap, the government should consult with employers in federally-regulated sectors to apply a gender-based analysis to the design, development, implementation and evaluation of the policy. The law should clearly outline the systematic discrimination that women face in the workforce. This policy would entail employers to determine whether gender-based disparities exists and reevaluate the current pay system from an equity perspective to ensure and promote pay transparency. The law of ensuring pay equity should first be applied to the public sector, including federal public servants, employees of Crown cooperation and federally regulated companies. After this law has been found to be effective, it is also recommended that private corporations follow the same suit and comply with the pay equity
Supervisors, running a company, need to have 100% accountability of their employees. This is so that if someone else asks about a certain employee, the supervisor can give an accurate record of when the employee came in, where they can be found, and when their shift ends.
Kelly was hired as an assistant language teacher (ALT) and had been working for six months. She was to work three days a week in the board of education office and two days helping with the English program. Her contract stated that her hours were Monday to Friday 8:30 AM to 5 PM. These hours were not the hours of the Japanese workers. Their culture had the employees working six days a week and rarely took time off. Kelly’s contract also had vacation and sick leave time given but stipulations as to when a doctor’s note was needed and the notice time given for time off for vacations.
1942 - War Labor Board rules women must be paid same job rate as men (now off to war) were paid. War ends before rule can be enforced. No law requires
Imagine having to clock out mid-shift to prevent getting paid overtime, but not leaving for another hour or two. Having to punch out for break but work through it, or having a paid vacation taken away as if it never existed? Situations relative to these are reality and are classified as wage theft, defined by the wage theft website as “a variety of infractions that occur when workers do not receive their legally or contractually promised wages” (Wage Theft). The public is generally uneducated of the concept of wage theft and the effects it has on our society, let alone what can be done about it. The Wage Theft Prevention Act, an act established in 2011 by the state of New York, provides laws protecting working citizens, and is an act that should be effective nationwide. As a country, we support the terms “freedom”, “equality”, and “rights”; however, we need to focus on the working citizens of the United States and ensure equal rights for everyone.
Women have faced gender wage discrimination for decades. The gender pay gap is the difference between what a male and a female earns. It happens when a man and a woman standing next to each other doing the same job for the same number of hours get paid different salaries. On average, full-time working- women earn just “77 cents for every dollar a man earn.” When you compare a woman and a man doing the same job, “the pay gap narrows to 81 percent (81%)” (Rosin). Fifty-one years ago, in order to stop the gender gap discrimination, Congress enacted the Equal Pay Act of 1963. The act states that all women should receive “equal pay for equal work”. Unfortunately, even in 2014 the gender pay gap persists and even at the highest echelons of the corporate; therefore, the equal pay act is a failure.
(8) U.S. Dept. of Labor, Family and Medical Leave Act – Wage and Hour Division (WHD) (http://www.dol.gov/whd/fmla/), 2013, Website
The Equal Pay Act (part of the Fair Labor Standards Act), forbids employers to compensate women differently for jobs that are “substantially equal”, that is, almost identical. Traditionally, women have worked in different occupations than men; these occupations tend to be substantially different, pay less and confer less authority.
First, the main issue concerning the tipped workers and non-tipped workers is because the wages for the tipped workers are underpayed for the most part.According to Letter #1,"Inflation has driven up the cost of living by 75% over the past twenty-four years", the cost of living for today is not the same as it was in the past. The
The Equal Pay Act amended the Fair Labor Standards Act in 1963. The Equal Pay Act only prohibits payi...
The Fair Labor Standards Act, or FLSA, sets the standard for minimum wages, overtime pay, and the amount of hours you need to work per week before you can be called working full time. The impact of this on employees is no matter where they decide to work they will get the same set amount to start at unless otherwise posted by the company. This allows people to not be too choosy about where they work. With a set limit on minimum wa...