mercredi 15 janvier 2014

How The Fair Labor Standards Act Exemptions Should Be Applied

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.

On salary level test, an employee should be paid 455 dollars in one workweek or the equivalent in annual basis. The amount of payment and salary is not subjected to pro-rate effects for part time employees. On the salary basis test, employees are required to receive fixed or predetermined salary, which is not subjected to reductions from work variations whether in terms of quality or quantity of the amount of work performed.

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.

Executives who regularly direct work to specific number of full time employees or those that have authority of hiring and firing employees are also categorized under executive test. In the administrative test, an employee qualifies for the exemption by passing the salary thresholds. In addition, this administrative test applies to workers who perform non-manual or office work that is directly related with the business operations.

Employees who feel that their pay has been improperly reduced with no apparent reason as per the regulations should launch complaints to pursue compensations for the lost salary. The employee should submit the complaint in writing through e-mail or memo. This complaint is send to the representatives who deal with Compensation and Organizational Services.

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.

Besides, the employer may fail to pay the employee when he or she absents for one or more full working days due to disability or sickness, and when the worker has exhausted any paid leave benefits. If the employee is on the probation period of employment, then such absenteeism may not be paid for. If you have difficulties in understanding how the fair labor standards act exemptions work, you can consult a legal expert to bring the subject clear to your.




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