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HR 593 Week 6 Assignment Kgiles

The employee, Mike Murphy, does not have a potential claim under the Fair Labor Standards Act (FLSA) as his additional training time was voluntary and allowed under his job duties. To ensure FLSA compliance and avoid claims, an employer should: 1) properly classify jobs as exempt or non-exempt; 2) maintain accurate payroll records for overtime compensation; 3) ensure employees work designated hours; 4) train managers on exempt vs non-exempt classifications; and 5) regularly review policies for legal compliance.

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Kelly C. Giles
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2K views2 pages

HR 593 Week 6 Assignment Kgiles

The employee, Mike Murphy, does not have a potential claim under the Fair Labor Standards Act (FLSA) as his additional training time was voluntary and allowed under his job duties. To ensure FLSA compliance and avoid claims, an employer should: 1) properly classify jobs as exempt or non-exempt; 2) maintain accurate payroll records for overtime compensation; 3) ensure employees work designated hours; 4) train managers on exempt vs non-exempt classifications; and 5) regularly review policies for legal compliance.

Uploaded by

Kelly C. Giles
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Determine whether the employee has a potential FLSA claim.

Explain the legal basis for your


conclusion. From an HR perspective list, explain and analyze five things an employer can do to
insure compliance with FLSA and avoid claims.

No I don’t believe that Mike Murphy has a potential claim under FLSA. According to the
US Department of Labor, “the time employees spend in meetings, lectures, or training is
considered hours worked and must be paid, unless attendance is outside regular
working hours, the attendance is voluntary, the course, lecture, or meeting is not job
related or the employee does not perform any productive work during attendance.”
The reason I feel that he does not have a FLSA claim is because his job allows time for
him to train and stay in shape while they are on duty so that he can continue to perform
the physical test required in order to perform his job duties as a SWAT team member.
The additional overtime that was reported on the time card was outside of and in
addition to the already allotted time given by the company, which was not required by
the company. Again, according to the US Department of Labor “If employees on their
own initiative attend an independent school, college, or independent trade school after
hours, the time is not hours worked for their employer even if the courses are related to
their jobs.” Mr. Murphy elected to spend the additional time working out because he
felt he needed the additional time and as a result, he should not be able to collect
overtime pay for the 36 hours.

The five things an employer can do to insure compliance with FLSA and avoid claims are
to ensure that employee jobs are classified properly. Designating which employees are
exempt vs. non-exempt accurately will help eliminate any potential claims brought
against the employer for not accurately compensating their employees for overtime
hours worked. Ensure you have sound payroll record-keeping at all times. Make sure
that non-exempt employees are being compensated for all hours worked and that any
overtime is paid at one and one half of their base pay rate. For exempt employees, you
don’t have to document their time worked on an hourly basis, however you do need to
document the number of hours worked that week and the wages paid the period.
Check to see that employees are performing their jobs as assigned and working the
hours designated by management. If they’re not, insist they start doing so. Train
supervisors and managers on how to determine who’s an exempt employee and who’s
not. Review your policy manual with an on a regular to make sure it’s complete and in
line with the most current employment laws.
http://www.dol.gov/compliance/laws/comp-flsa.htm

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