Case Study: Special Weapons And Tactics

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Mike Murphy is an employee of the Special Weapons and Tactics (SWAT) team. He is complaining to his employer about not receiving pay for overtime hours for two separate situations. He is not satisfied with his employer denying his overtime pay claims. Therefore, he is going to file a FLSA lawsuit. According to the evidence provided by Mr. Murphy and the FLSA law, he potential has one valid FLSA claim. The first situation Mr. Murphy inquires about involves overtime hours spent exercising. The employer is correct in not compensating Mr. Murphy for these hours. Currently, the employer provides duty time for employees to train and stay in shape. However, Mr. Murphy feels that he needs to spend an additional 3 hours a week off-duty working out…show more content…
Murphy inquires about is compensation for 24-hour on-call time every two weeks. During this period, he is required to respond to any situations where SWAT is needed. According to the Wage and Hour Division (WHD) of the Department of Labor, Mr. Murphy may be compensated for on-call time. This time has to meet some of the following criteria. First, if the employee is required to remain on the employer's property, it will constitute employee compensation. This is because the employee's free time is limited while the employee waits to perform work. Second, if the employee is not mandated to remain at work, but their free time is restricted due to on-call restraints, it can require compensation. In Mr. Murphy's case, his freedom while on-call is limited in order to perform SWAT duties if needed. Since Mr. Murphy cannot spend his free time any way he wants, it should be compensated under FLSA regulations. Additionally, any time that Mr. Murphy is called to work during the on-call time requires pay (DoL,…show more content…
First, employers need to ensure that all jobs are classified properly as either exempt or non-exempt. Once this is accomplished, the employer needs to have their HR department periodically review the job descriptions by performing a job analysis. This will help to determine if the job classification changed. Keeping up with job classifications will reduce the potential FLSA claims. Second, employers need to ensure non-exempt employees keep timesheets of all work performed. This will help track employee's hours while providing the employer a permanent record of the employees official hours worked. Third, all managers and supervisors within a company need to train on what constitutes non-exempted employees and compensation time of these employees under FLSA laws. Fourth, all non-exempt employees need training on what makes up "off the clock" work and that is not authorized. Employees need to know that if they performing or waiting to perform work, they need to claim this time as work time. Lastly, the employer needs to implement a policy concerning employees who work outside of their normal duty hours. This policy needs to address how an employee should go about obtaining authorization to work outside of normal duty hours. Additionally, it needs to explain that if employees are authorized to work beyond normal duty hours must be approved or requested by supervision.
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