Essay Flsa Week 6

612 Words Oct 3rd, 2014 3 Pages
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 ensure compliance with FLSA and avoid claims.

After listening to the FLSA tutorial, Mike does not have a clam. In the tutorial, Mike cited that he was due 36 hours in overtime payment for working out because his work out were related to him building physical strength for work. He also cited that he was given workout time while on the clock but felt that he that he needed additional workout time. According to the US Department of Labor (DOL), an employee must be compensated for the actual hours worked, whether it be time spent in trainings, lectures
…show more content…
There are five areas an employer can control to ensure compliance with The FLSA to avoid claims. Firstly, it is utterly important to educate the managers on FLSA. Knowledge is power and therefore would be advantageous to managers. This also includes facilitating managers in understanding the importance of accurate timekeeping, record retention and employee classification (SHRM, 2012). This will make managers aware of their part in ensuring employer compliance. On a more specific level, employee classification is vital. Compliance evolves around proper classification of exempt and nonexempt employees based on FLSA provisions. Since there is no cut and dry rule on an employee who is covered by FLSA. It is also important to maintain updated employee records (SHRM, 2012). Information such as identity and work hours and wage information are not only mandated by FLSA but will also keep the employer in compliance. And lastly, as some major check points, double check that non-exempt employees are being compensated for all hours worked. Also ensure that any overtime is paid at one and one half times their base salary. Verify that employees are performing their jobs as assigned and working the hours designated by their supervisor.

References
Dorris, Daniel V. "Fair Labor Standards Act Preemption of State Wage-and-Hour Law Claims." The University of Chicago Law Review 76.3 (2009):…