Why Employers Should Adhere To The Fair Labor Standards Act Exemptions

By Marissa Velazquez


The fair labor standards act exemptions are put forward to protect employees from unfair pay deductions, which may be made on their salaries. There are various provisions, which are governed by this law, and they include minimum wage, child labor, overtime, record keeping, and sex based differences in wages among employees. Three tests are applied in regard to these regulations and they include salary level, salary basis, and duties performed.

If employers do not follow these regulations, they may create conflicts in workplace or even be subjected to legal processes. Certain employees are classified as exempt or non-exempt from the act and it is essential that employees know whether they are exempted or not exempted. These regulations prohibit employers from mistreating workers in regard to their payments.

The provisions of the law specifically take into account the child labor prohibition, setting of minimum wages, the entitlement of overtime pay, and prohibition of wage differentials based on sex. They also entail requirements for record keeping by ensuring that workers and employers have details on how they have worked.

If an exempt worker absents from work for a day or more on grounds that are not clearly understood by the company, reductions can be made on their salaries. If an employee absents from work on personal reasons, which do not qualify for vacation time or sick leave, then the act allows permission on reductions to be made on the salary of such employees.

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.

Exempt employees based on salary levels are required to routinely receive full salary for a week they have performed work and this is regardless of the days and number of hours worked. Nonetheless, if the workers do not perform work in any workweek, they are not paid for that duration. In addition, there are exceptions to this salary basis exemption.

One exception is that the employer may fail to pay for work if an employee absents himself or herself for one or more full workdays on personal reasons, which are outside sickness or disability. The same also applies if the worker has already exhausted all the vacation time he is entitled. This exception applies if the employee has exhausted the requested leave days without pay, otherwise partial days are entitled for full pay.

In the event that the deductions are improperly effected, then the worker is able to get compensation as quickly as possible. The records of the complaints and the ruling arrived at are documented in the file of the employee at the human resource office for future references. Proper application of the fair labor standards act exemptions can help enhance harmony within workplace and reduce unfair deductions of pay.




About the Author:



Aucun commentaire:

Enregistrer un commentaire