Determine whether the employee has a potential FLSA claim. Explain the legal basis for your conclusion. From an HR perspective list, explain and analyze five things an employer can do to ensure compliance with FLSA and avoid claims.
After listening to the FLSA tutorial, Mike does not have a clam. In the tutorial, Mike cited that he was due 36 hours in overtime payment for working out because his work out were related to him building physical strength for work. He also cited that he was given workout time while on the clock but felt that he that he needed additional workout time. According to the US Department of Labor (DOL), an employee must be compensated for the actual hours worked, whether it be time spent in trainings, lectures,
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There are five areas an employer can control to ensure compliance with The FLSA to avoid claims. Firstly, it is utterly important to educate the managers on FLSA. Knowledge is power and therefore would be advantageous to managers. This also includes facilitating managers in understanding the importance of accurate timekeeping, record retention and employee classification (SHRM, 2012). This will make managers aware of their part in ensuring employer compliance. On a more specific level, employee classification is vital. Compliance evolves around proper classification of exempt and nonexempt employees based on FLSA provisions. Since there is no cut and dry rule on an employee who is covered by FLSA. It is also important to maintain updated employee records (SHRM, 2012). Information such as identity and work hours and wage information are not only mandated by FLSA but will also keep the employer in compliance. And lastly, as some major check points, double check that non-exempt employees are being compensated for all hours worked. Also ensure that any overtime is paid at one and one half times their base salary. Verify that employees are performing their jobs as assigned and working the hours designated by their supervisor.
References
Dorris, Daniel V. "Fair Labor Standards Act Preemption of State Wage-and-Hour Law Claims." The University of Chicago Law Review 76.3 (2009):
After going through the case of Margie Whitson, the dilemma is the fact that Margie is looking to have her pacemaker removed which will in turn would end her life. So far, Margie Whitson has had a rough year and has come to the decision that she wants her pacemaker deactivated because she believes it is delaying her death. Her pacemaker is the only thing keeping her heart beating at this point. But even at that, her doctor, Dr. Vijay, refuses to deactivate it due to the fear of legal action/misunderstandings of the ethical and legal acceptability. Margie Whitson is very determined to have her pacemaker removed so she call for Jane Robison, the social
b. The emperor Kangxi led the conquest of the island of Taiwan , home to Chinese and Japanese pirates, in 1681. Struggles with a new rival to the north and northwest, manchurians , led to constant conflict and extensive territorial gains for China.
What is the probability of rolling a four in the gambling dice game of craps (given two six sided dice)? 3/36 or 8.33%. What is the probability that a player can roll a four 3 times in a row (assume that rolling the dice each time does not affect the outcome of the next roll)? 3/36 x 3/36 x 3/36 = 27/46656 = 3/5184
As the Chief Executive Office of Middlefield Hospital, it has been brought to my attention by the Chief Financial Officer that our financial performance has been deteriorating for the past six (6) months. It has also been brought to my attention that the new facility has been admitting more new patients and our admissions have been declining. The number of uninsured patients has increased over this period of time. The management team has identified some other interesting facts that are possibly hurting the reputation of Middlefield Hospital. My determination is that the financial performance of Middlefield Hospital needs to be improved.
RATIONALE: Each fracture site would be coded separately. The C1 fracture would be coded with 805.01, and the C2 fracture with 805.02. As reported in the Indication section, this was an MVC of an unspecified nature, and the patient was the driver. E819 is the code for MVC of unspecified nature with the 4th digit of 0 to show the patient was driving.
-3 x 1.66 pts. = minus 5 pts. = 45 pts. out of 50 pts. = 90%
Some of the current changes that can be seen in regards to prescription privileges include changes in the ways that physicians and mental health professionals are able to prescribe medications to their patients. According to Brenda Smith of the APA (2012), currently patients receive their medications for psychological conditions by a physician usually without having been evaluated by a mental health practitioner according to the CDC. The trend includes individuals to visit their general health practitioners in order to receive psychotropic medications such as antidepressants and anxiolytics. The problem with individuals receiving these medications from other sources include: deterrence
In October 1970, Canada faced a pressing terrorist attack in Montreal, Quebec by a group known as the Front de Liberation du Quebec, or the FLQ for short. The group committed multiple attacks starting in 1963 that slowly escalated until the October Crisis, where they kidnapped two government officials and proceeded to murder one of them. The Canadian government responded harshly and rapidly. The prime minister of Canada, Pierre Trudeau, issued the War Measures Act which along with various things allowed the police and military full reign to arrest people and hold them with no explanation. The Canadian population was highly supportive of the government’s action believing that this extreme state repression would bring a finish to the October
Explain how employers could verify that their employee benefits comply with all federal laws by using this resource.
Any patient that is seen by a physician within the United States is to be protected by the “Health Insurance Portability and Accountability Act” or HIPAA, which was passed into law in 1996 (Jani, 2009). All health care facilities dealing with any protected health information (PHI) are to ensure that all physical/electronic processes are safeguarded from any third party entity or unauthorized personnel according to HIPAA. All health care data to include any medical insurance
Employers have duties under health and safety law to assess risks in the workplace. Risk assessments should be carried out that address all risks that might cause harm in the workplace. Employers must give employees information about the risks in their workplace and how they are protected, also instruct and train their employees on how to deal with the risks. Employers must consult employees on health and safety issues. Consultation must be either direct or through a safety representative that is either elected by the workforce or appointed by a trade union. It is an employees duty to take reasonable care of their own health and safety. If possible avoid wearing jewellery or loose clothing if operating machinery. If the employee has long hair or wears a headscarf, make sure it's tucked out of the way (it could get caught in machinery). To take reasonable care not to put other people such as fellow employees and members of the public at risk by what they do or don't do in the course of their work. To co-operate with the employer, making sure the employee gets proper training and the employee understands and follows the company's health and safety policies. Not to interfere with or misuse anything that's been provided for their health, safety or welfare. To report any injuries, strains or illnesses they suffer as a result of doing their job (the employer may need to change the way they work). To tell their employer if something
As an employer, you need to be aware of the processes and duties produced in these regulations and the practical implications imposed. There is also a duty to involve employees in all health and safety
Chapter 1 of your textbook includes, on page 9, Table 1.1, “Managing Change: Some Lessons from the Four Stories.” Review the four “lessons” (bullet points) on the table, and think about what some of the key “learning points” you gleaned about change from these stories. Then, do one of two things:1. Post the top three learning points you gleaned from the stories, and include how the stories for change helped you learn these points, or2. Research one of the four companies and see how or if that company has since changed (yet more) since the time of the book’s publication. How did that recent change fit with or not fit in with the “lessons” that the textbook mentions the company “learned” from their original set of changes? Explain what you
1. What are the current challenges facing United Way? What are key issues in the general and non-profit charitable giving industry environments that affect United Way’s operations?
Getting your first job is always exciting, but with it comes a lot of work. From June to the first day of school there is so much to get done! You need to meet some of your students and figure out what they have planned for the summer. Is there stuff you have students going to and what do the students expect? Once your contract starts, you must get to work.