Fair Labor Standards Act Essay

1410 Words Oct 24th, 2009 6 Pages
Fair Labor Standards Act

Overview The Fair Labor Standards Act of 1938, as amended is also referred to as "the Act" or "FLSA". The Act provides for minimum standards for both wages and overtime entitlement, and spells out administrative procedures by which covered work time must be compensated. FLSA also include provisions related to child labor, equal pay, and portal-to-portal activities. A general overview of FLSA is that it establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local government. In 1974 the Fair Labor Standards Act began applying to employees of the United States Federal Government. ( para.1, 2,”
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non-exempt employees work is routine with set standards and rules. The General Test and the Short Test are the two tests that the Federal Labor Standards Act offers in order to determine if position is considered exempt or non-exempt. If the duties of the position meet the requirements of either test, the employee is consider exempt from the minimum wage and overtime standards of the FLSA. (para 7. p. 1, “Paychex Exempt,”n.d.). There are several misconceptions of the nature of exemptions that lead to misclassifying employees. Some of the common misconceptions are just because you pay someone on a salary basis doesn’t mean that person is exempt or if they have the title of “manager” doesn’t mean they perform the supervisory duties or discretion required for exempt status. Another one is if someone has excellent job skills doesn’t mean he or she uses the independent judgment and discretion required to rate an exemption. Last but not least just because you have a college degree doesn’t mean that person rates an exemption. (G.Neil,n.d.,p. 2)
Interview with Attorney Richard Tyler, Regions Bank Employee Relations Manager (Wage and Hour Issue at Regions Bank) The information that I

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