Flsa Essay

683 WordsAug 29, 20143 Pages
Determine whether or not the employee has a potential FLSA claim. Explain the legal basis for your conclusion. In 1938, The Fair Labors Standards Act (FLSA) was enacted to protect workers by setting standards for minimum wage, overtime pay, record keeping and youth labor. FLSA covers full-time and part-time workers in the private sector and in federal, state, and local governments. All workers, except those who are considered by the FLSA to be exempt must be paid a national minimum wage established by the US Congress (McKay 2014). As of July 24, 2009 that wage is $7.25 per hour. Some states have set their own minimum wage. The employer must pay whichever wage—Federal or state—is higher (McKay 2014). Employers must give overtime pay to non-exempt employees who work over 40 hours per week. They must pay these workers at a rate of at least time and half of their regular rate (McKay 2014). In the case of Mike Murphy, I do not believe that he have a potential FLSA claim. Mike is asking to be paid overtime hours for hours that he spent working out to stay fit for the job. These hours were spent outside of work. The job allows Mike time, on the clock, to work out to stay fit for the job. According to the US Department of Labor (2014), the time employees spend in meetings, lectures, or training is considered hours worked and must be paid, unless attendance is outside regular working hours, the attendance is voluntary, the course, lecture, or meeting is not job related or the employee does not perform any productive work during attendance (US Department of Labor 2014). Mike job allots him time to train and stay in shape while on duty so that he can continue to perform his job as a member of the SWAT team. Since the job allots Mike time to stay in physical shape, the job is not responsible for the time Mike spends outside of work to train. The US Department of Labor (2014)

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