The FLSA: Exempt Vs. Non-exempt Employees
President Franklin D. Roosevelt enacted the FLSA on June 25, 1938. It was signed in as a federal labor law to provide criteria for governing general labor practices such as overtime, minimum wages, child labor protections and equal pay. The Fair Labor Standards Act is a long and extensive document in and of itself. It defines many exceptions and exemptions. For purposes of this paper the portion of the FLSA that will be concentrated on is the difference between exempt and non-exempt employees.
Let’s begin by defining exempt and non-exempt. Non-exempt employees are those that are paid on an hourly basis and receive overtime compensation at one and one-half times their base pay for all hours worked in excess of some standard threshold. In most cases this “threshold” is 40 hours, but that is not always the case. Dividing the annual salary by 2080 to give a base hourly amount can derive the base pay for most, not all but most, employees. Exempt employees are those that do not receive compensation of any kind for hours worked in excess of whatever the threshold maybe. By definition of law exempt employees must be paid on a salary basis and job duties performed by said employee must be high-level such as executive, administrative or professional. To decide whether an employee meets the criteria for being exempt, there are two tests – the duties test and the salary basis test.
For the salary basis test, employees ...
U.S. Department of Labor-General Information on the Fair Labor Standards Act (FLSA). United States Department of Labor. Web. 9 May 2014.
The acute and chronic stress that these children raised in poverty experience leaves a devastating imprint on their lives. For Ayla, the chronic stress of her drug-using mother has a relentless influence on her experience in school. Her mother has poor management skills, and has almost lost custody to Ayla and her sister on two occasions. This kind of stress exerts a devastating influence on children 's physical, psychological, emotional, and cognitive functioning—areas that affect brain development, academic success, and social competence. Students subjected to such stress may lack crucial coping skills and experience significant behavioral and academic problems in school. As such, I can understand Ayla’s lack of interest in class discussions, and her tendency to sleep in class because the disadvantages she must be experiencing at home. The stress she experiences has an evident role in her low self-esteem and lack of dreams or aspirations for
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
The FLSA began on a Saturday, June 25, 1938, President Franklin D. Roosevelt signed 121 bills, one of them being the landmark law in the Nation's social and economic development the Fair Labor Standards Act of 1938 ( Grossman, 1978). This law did not come easy, wage-hour and child-labor laws had made their way to the U.S. Supreme Court in 1918 in Hammer v. Dagenhart in which the Court by one vote held unconstitutional a Federal child-labor law. Similarly in Adkins v. Children's Hospital in 1923, the Court voided the District of Columbia law that set minimum wages for women, during the 1930's the Court's action on other social legislation was even more devastating (Grossman, 1978). Then came the New Deal Promise in 1933, President Roosevelt's idea of suspending antitrust laws so that industries could enforce fair-traded codes resulting in less competition and higher wages; It was known as the National Industrial Recovery Act (NRA) ( Grossman, 1978). The President set out "to raise wages, create employment, and thus restore business," the Nation's employers signed more than 2.
A tradition is a belief or behavior passed down within a group or society with symbolic meaning or special significance with origins in the past. A tradition for a Hispanic culture is a Quinceanera, Cinco de Mayo, and Dia de los Reyes. These are very common traditions for the Hispanic culture. This is why traditions are so common and very important in different
The objective of this essay is to inform the reader(s) about human cloning. I believe that human cloning is morally wrong because one should not have the right to avoid daily responsibilities by getting someone else to handle them. There will be four sections of this paper that will be discussed. Firstly, there is an argumentative section, which will have premises along with a conclusion for an argument made against human cloning. Secondly, an explanation section, which explains how the argument against human cloning obeys the rules for a good argument. Thirdly, an objection section to where there are arguments that violates mine in order to demonstrate how objectors might object to the argument. Lastly, there will be a conclusion where I discuss
Canada is well-known for its diverse and complex cultural mix of people. Because there is such a broad variety of people living in Canada, there is bound to be some disconnect when it comes to the idea of true equality. “An absolute definition of poverty focuses on essentials, suggesting that poor families have inadequate resources to acquire the necessities of life (food, clothing, and shelter)” (Brym, Lie, 2012). When a person is deprived of their necessities of life, it is considered to be an obstruction upon their rights and freedoms as a Canadian citizen. “Currently, 14% of Canadians are living in poverty, with much higher rates for single-parent mother families, unattached female seniors, urban Aboriginals, and recent immigrants” (Reutter,
The Fair Labor Standards Act The Fair Labor Standards Act (FLSA) was passed by Congress on June 25th, 1938. The main objective of the act was to eliminate “labor conditions detrimental to the maintenance of the minimum standards of living necessary for health, efficiency and well-being of workers,”[1] who engaged directly or indirectly in interstate commerce, including those involved in production of goods bound for such commerce. A major provision of the act established a maximum work week and minimum wage. Initially, the minimum wage was $0.25 per hour, along with a maximum workweek of 44 hours for the first year, 42 for the second year and 40 thereafter. Minimum wages of $0.25 per hour were established for the first year, $0.30 for the second year, and $0.40 over a period of the next six years.
Tenure is a policy that has been designed to protect teachers from false accusations and various injustices that may take place throughout ones career. For example, one of the rights afforded a tenured teacher is they cannot be discriminated against based on their personal views or belief systems outside of the educational arena. Also, they cannot be terminated without full due process. Tenure will not, however, protect educators who are incapable, ineffective, or are in violation of school board rules (Essex, 2012).
Both processes also differ in the sense that reproductive cloning has fewer advantages when compared to therapeutic techniques. Studies have consistently made evident the fact that genetically cloned animals have shorter life spans, as well as an inferior quality of life. Consequently, they also lack in genetic variation, which makes the organism more susceptible to disease, and other obstructive circumstances. Contrarily, therapeutic cloning is employed for medicinal purposes, and therefore, ethical implications are quite easy to justify. The continuing practice of therapeutic cloning in relation to stem cell research, can potentially alleviate and cure many incorrigible diseases, which is a significant benefit. Reproductive cloning on the other hand, could be described as a practice instigated to fulfil the many scientific curiosities mankind possesses, and does not have a legitimate reason as to why it is
...nerally a more healthy people. Milk has many hazards that are veiled from the public and pose many grave risks to a consumers health.
The farmer must pay for the product ($5.25 per dose if the product is used on at least 60 percent of the herd 's cows). The cow must eat more feed to support her increased milk production. The revenue comes from the sale of the extra milk, typically 8 to 12 pounds per cow per day at a price of 11 to 15 cents per pound. This cycle is repeated every 14 days, as the cow is re-injected. For some farms, there are additional costs for extra labor to sort and inject the cows. In general, there are few, if any, capital costs involved in the use. On some farms, alterations to the cow handling or feeding systems are needed to adopt rBST use, but generally these costs are small compared to the profit and break-even. Payback is quickly achieved (Fetrow,
I related this particular case to the Hirschi and Gottfredson’s General Theory of Crime. Gottfredson and Hirschi defined self-control as the degree to which a person is vulnerable to temptations of the moment. They believe self-control develops by the end of childhood and is fostered through parental emotional investment through monitoring the child’s behavior, recognizing deviant behavior, and punishing the child. Perhaps, Nagel did not have strong family role models. Maybe he wasn’t held accountable for his actions as a child, and that is why the temptation to commit crime is hard to resist.
There are several theories of personality type classifications based on different basis. The oldest was developed by the Greek Ancients (Hippocrates 400 BC and Galen 140 AC) that classified four types of people moods based on the excess of one of four bodily fluids (Neill, 2005). Another theory, which was developed by William Sheldon (1940), classifies people based on their physical shapes (Neill, 2005). The well-known theory by Carl Jung (1940), Katharine C. Briggs and her daughter Isabel Briggs Myers (1980) is probably the most used personality type classification (BSM, 2006). This theory is based on individual preferences on four pairs of opposite basic psychological human functions. The first pair is how we prefer to get motivated, internally (Introverted) or externally (Extroverted) (BSM, 2006). The second...
The most popular objection to human cloning is the assumption that science would be playing God if it was to create human clones. Reverend Albert Moraczewski states that cloning is intrinsically morally wrong, is an attempt to play God, and exceeds the limits of the delegated dominion given to the human race. (Madigan, 8) To say that this argument is unclear and unsupported is generous. It refuses to differentiate between cloning and the interruptions of biological processes which are viewed as commonplace in today's society. Religious objections were once raised at the prospects of autopsies , anesthesia, artificial insemination, organ transplants, and other acts which were seen to be tampering with divine will. (Madigan, 3) Yet enormous benefits have been reaped by each of these...