Week 6 Employment Law
Leslie S Wakefield
Employment Law of Business
Mrs. Marianne Graham
Week 6 Homework
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.
Based off the information I read and how I interpreted the information. 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 afterhours, 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. On-exempt accurately will help eliminate any potential claims brought
Employment Law of Business
Mrs. Marianne Graham
Week 6 Homework
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.
Based off the information I read and how I interpreted the information. 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 afterhours, 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. On-exempt accurately will help eliminate any potential claims brought