Fair Labor Standards Act Case Study

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The Fair Labor Standards Act (“FLSA”) Employee’s Claim Mike Murphy (the “employee”) is a member of the police department’s SWAT Team. He is given time during working hours to maintain his fitness level in order to pass continuous physical testing that is required of his unit. The employee also chooses to continue his workout routines while off duty because his job description for this specialized unit requires top physical conditioning. During a conversation with the HR Representative, he informed the employee that he is being compensated for workout routines while on duty, however, department policy states that because the employee was not on duty or engaged to be on duty during this off time, his request was denied. Upset, the employee…show more content…
He is given time during working hours for training. Additional training is completed outside of his normal work schedule and is completely voluntary on the part of the employee. Finally, this additional training is directly related to his current job. Based on the criteria listed above, the employee does not have a potential claim for overtime pay while working out after his regular work shift. On-Call Time Claim According to the U.S. Department of Labor – Wage and Hour Division (WHD), “An employee who is required to remain on call on the employer’s premises is working while “on call.” An employee who is required to remain on call at home, or who is allowed to leave a message where he/she can be reached, is not working (in most cases) while on call. Additional constraints on the employee’s freedom could require this time to be compensated (Wages and Hour Division, 2008).” Our case does not give specific detail as to the employee’s constraints he is limited to while on-call. In the case of Renfro v. City of Emporia, the Ninth Circuit Court noted that other courts have considered a number of factors in determining whether an employee had effective use of on-call time for personal purposes. Such as: * Was there on-premises living requirements? * Was there excessive geographical restrictions on employee’s…show more content…
Therefore, I believe that the employee does have a potential claim for overtime based on his “on-call” status. Insuring Compliance with FLSA The following are my recommendations employers can do to insure they are in compliance with FLSA and avoid claims: * Review On-call Status. Employers should answer the questions listed above that were noted by the Ninth Circuit Court in considering on-call status. If the majority of the answers point towards restrictions, the company policy must be revamped in favor of on-call overtime. * Revise Collective Bargaining Agreement. SWAT is part of an elite unit in which premium pay is paid to its members. These assignments are usually voluntary with higher compensation where additional compensation is not typical. Unions and Management can have a collective bargaining agreement to establish restrictions and compensation levels regarding overtime (On-Call Duty, 2008). * Training HR Representative. Provide training (via seminars) to HR Representatives for more in-depth understanding of today’s FLSA

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