The Fair Labor Standard Act - Essay Example

This Act gives exemptions to some of the employees from its provision of minimum wage and overtime pay as well as it also exempts some particular employees only from its provision of overtime. As these exemptions are defined narrowly, Suzy should have to contact the Wage and Hour Division office in the local area to check whether or not the terms and conditions would support her complaint.

This Act provides an exemption to four employees categories, such employees include; outside sale peoples, executives, administrators, and professionals.

Executives

• According to common practice and regularly guides the work of 2 or more than two employees.
• He/ she have the authority of hiring or firing employees.

Administrators

• Non-manual or office work is performed directly related to management or general business operations.
• He/she exercise independent and discretion judgment related to important matters.

Professionals

• In the infield of learning and science, advanced knowledge is required which is customarily learned by specialized logical instruction.
• Professional requires imagination, invention, talent, or originality in a known field of creative or artistic endeavor.

Outside Salespeople

• He/ she obtain contracts or orders for the usage of facilities or for services for which customer or client pay a consideration.
• Regularly and customarily engaged away from the business place of the employer.

Therefore, in this case, the store manager is not exempted by the FLSA. Suzy should file a complaint against the store manager (Cihon & Castagnera, 2010).

Answer # 2

There are only some issues drawn in here, which can be considered under the guidelines of the Department of Labor. From an entirely legal point of view, the former employer currently offering the benefits must bargain with the participants of the insurance plan, or a fair percentage must be considered. Since completely abandoning the policy may result in financial distress to a lot of employees as mentioned by HR, an alternative plan must be sought that the company may pursue keeping in view the financial condition of the company as well as that of its employees.

To have a better decision, employees may be involved and suggestions may be welcomed from the employees and the overall financial condition of the company may be conveyed to them, so that a better understanding may result from the situation.