dimanche 12 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.

On salary level test, an employee should be paid 455 dollars in one workweek or the equivalent in annual basis. The amount of payment and salary is not subjected to pro-rate effects for part time employees. On the salary basis test, employees are required to receive fixed or predetermined salary, which is not subjected to reductions from work variations whether in terms of quality or quantity of the amount of work performed.

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.

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.

Besides, the employer may fail to pay the employee when he or she absents for one or more full working days due to disability or sickness, and when the worker has exhausted any paid leave benefits. If the employee is on the probation period of employment, then such absenteeism may not be paid for. If you have difficulties in understanding how the fair labor standards act exemptions work, you can consult a legal expert to bring the subject clear to your.




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