samedi 11 janvier 2014

How The Fair Labor Standards Act Exemptions Should Be Applied

By Marissa Velazquez


Employers are mandated to follow the stipulations set under the fair labor standards act exemptions in order to ensure they do not deprive worker of their pay. Before an employee signs a work contract, he or she should understand how these regulations are applied as per the employment agreement. The Fair Labor Standards Act is intended to protect employees from actions of employers, which may deprive them their pay.

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.

Employees who feel that their salaries have improperly been reduced should follow the right procedures to put forward their complaints. This can help resolve the issue with the employer and avert further complications. However, the exemptions on workers from the FLSA regulations may not apply to some cases.

Other positions under computer test are such as computer systems analysts and workers in the field of computers including those who design, develop, document, analyze, create, test, and modify computer systems and programs. The executive test takes into account workers who qualify for exemptions including passing salary threshold and their primary duty of managing traditionally recognized sub division or department of an enterprise.

However, those deductions should be made in full day increments. This implies that if you are absent for 5 days, you will have a salary deduction for those five days based on your daily pay. If the absenteeism was out of sick leave and vacation time, then reductions are made in half-day increments. This implies that if you are absent for a period of 5 days, the reductions will be made based on the amount of pay you are paid for half a day.

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.

In the event that the deductions are improperly effected, then the worker is able to get compensation as quickly as possible. The records of the complaints and the ruling arrived at are documented in the file of the employee at the human resource office for future references. Proper application of the fair labor standards act exemptions can help enhance harmony within workplace and reduce unfair deductions of pay.




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