Human resources FSLA - Case Study Example

Human Resources FSLA Fair Labor Standards Act (FLSA) is an act in the United s that controls and executes compensation for extra working durations. It has the duties of establishing whether an employee has a claim against the employer for overtime and wage payment. Employees under the FLSA have a duty of keeping proper records of all the overtime hours (Calvasina et al, 2010). The act verifies whether an employee is eligible or not for compensation of overtime hours, for over 40 hours. The recompense for overtime is of a flat rate or at a rate of one and half times more than the normal rate (Costa, 2000).

There are exemptions of compensation of the extra hours by the Act, meaning that not all employees are appropriate for compensation by the Act.Establishing if the employee has a potential FLSA claim The worker in this case is eligible for compensation of the overtime hours by the employer under the Act. From the scenario, there was denial for the employee’s appeal for compensation by the department. The department claims to have a policy where they do not consider overtime where an employee is on duty during his off duty hours (Calvasina et al, 2010).

Conversely, the worker works for extra hours so that he is able to keep to the standards of his job description of top physical conditioning. The extra hours by the worker, area benefits the company too, because during the overtime hours the employee works for the good of the employee, and not for his own bosom (Calvasina et al, 2010)The legal basis for the conclusion There are no legal exemptions by the Act against the employee in this scenario, so the department should compensate him (Costa, 2000).

The Act vividly expounds overtime hours as time that one works when there are no authoritative directions from the employer to do so. The employee in this case toils for not certified operational extra hours; therefore, the employee should get his compensation from the employer. (Scott, 2010)Things the employer can do to evade claims Employers can shun FLSA claims by guaranteeing that they consult with the human resource team to ensure that they comply with the requirements by the Act (Calvasina et al, 2010).

This entails making sure that there is the proper classification of all employees, to know whether the law excludes the worker. The employee does this by asking some questions relevant to the Act and carrying out tests where there is no clarification about the exemption status (Costa, 2000). The human resource department should ensure that they explain to the employees about the Act so that they avoid scenarios where the employees state to have claims, whereas there is none (Scott, 2010). Employers do all that to ensure all employees aware of their rights, duties and comprehend the law clearly.

The third thing the employers can do is consultation of an Attorney general who has apparent information about the Act, so that he is in a position to enlighten them about its requirement. This is an extremely specialized area, so the employer must get detailed information about it to avoid claims (Calvasina et al, 2010). The fourth thing is that the employee should be aware of all the overtime hours and ensure that they are for the benefit of him, not for the benefit of the employee. That means that performance of tasks during the overtime hours should be significant to the employer and the business.

The last thing is ensuring the nonexempt’s do not carry out any tasks during breaks; otherwise, there should be records to show that it was overtime. This ensures that there is patent communication regarding rules about overtime hours to avoid claims by employees (Scott, 2010).ReferencesScott, R. C. (2010). How on earth can you possibly "file" an oral complaint? An analysis of the boundaries of § 215(a) (3) of the fair labor standards act. St. Johns Law Review, 84(4), p1543-1567, 25p. Calvasina, g. E., Calvasina, r. V., & Calvasina, e. J. (2010).

Complying with the fair labor standards act (FLSA): a continuing legal challenge for employers. Journal of Legal, Ethical & Regulatory Issues, 13(1) p39-52, 14p. Costa, D. L. (2000). Hours of work and the fair labor standards act: a study of retail and wholesale trade. Journal of Legal, Ethical & Regulatory Issues, 1938-1950. 648-664p.