Misclassification In Workplace

Racism is defined as prejudice, discrimination, or antagonism directed against someone of a different race based on the belief that one's own race is superior. In the workforce, the issue of racism and discrimination has been brought to the center of conversations around the world. Companies claim to be “colorblind” and not hire somebody based on their race or gender, but the employment rates among minorities and women around the world is significantly lower than the majority in the given country. There is also the growing issue of minorities, such as blacks in america, making significantly less money than whites. This issue affects people all around the world who happen

Employers should not treat their employees as a potential criminal. At the end of the book, it said, “Stop treating working people as potential criminals and let them have the right to organize for better wages and working conditions.” (238). When Barbara worked at Key West, Florida, the employer said they heard

This case was based on facts and opinions from Peter Ramirez as being an employee for Yosemite Water Company as a route sales representative/relief sales representative. This case was filed because Mr. Ramirez felt that he wasn’t getting paid properly for all the jobs and duties he performed at the company. Also, the case was to resolve whether a bottled water driver was entitled to overtime pay or whether he was outside salesperson and being exempt from the Industrial Welfare Commission Wage Orders. Mr. Ramirez left the company and then he brought action against Yosemite for unpaid overtime wages. Yosemite defense was that Mr. Ramirez was an outside salesperson and exempt from wage and overtime laws. The best way to avoid costly lawsuits is with careful review of employee classifications (Hsiao-Ying and Kleiner, 2005).

The Fair Labor Standards Act has been amended many times and is virtually an ever-changing law, however, it does not cover all employees. There are several classes of “exempt” employees, including salaried employees in the executive/managerial, administrative, and professional areas. Outside salespeople are also considered exempt. One of the issues facing companies today is knowing which employees are exempt and which are non-exempt. There are tests to determine if an employee is exempt. In 2004 the tests changed to a standard test, which is whether or not the employee’s salary is $455/week or greater and the duties test, which allows for exempt status if more than 50% of the work performed by an individual is “exempt work.” (Pass and Broadwater) Exempt employees do not receive overtime pay, which can be a substantial cost savings to a company. My previous employer required that an exempt manager close the center each night even though we had non-exempt team leads who acted as managers in most capacities. The reason was to avoid overtime costs.

The United States Supreme Court, as well as federal district and state courts, defines employee rights and an employer’s liability for employment law violations. Treatment on the job, including hiring, firing, and promotions, must be based on qualifications and merit and not on race, gender, age, sexual preference or how one responds to sexual advances. Yet despite these laws and policies, many employees continue to suffer from workplace harassment and employment discrimination.

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.

Much of what we know about the improvements in the workforce came from 20th century advancements with the workforce that we know today. Important developments came in the form of methodology and data collection efforts. The 20th century was a remarkable period for the American workers. Despite the initial stages of labor management, working conditions, wages and benefits improved over the last century with the workforce increasing six fold over the period (Gould, 1986). This research will focus on impacts of National Relations Labor Act (NLRA) and the Fair Labor Standards Act (FLSA) enacted in the 20th century, including major circumstances that led to the intent of the legislation. In

That at all times hereinafter mentioned, Defendants violated the Plaintiff HUDSON’s rights by failing to pay Plaintiff HUDSON the minimum wage for each hour worked in each discrete work week, in violation of the FLSA, 29 U.S.C. § 206(a)(1).

The act created the Wage and Hour Division (WHD) within the Department of Labor to enforce the act. The FLSA established a federal minimum wage of $0.25 an hour. The FLSA also requires that employees receive one and a half times their hourly wage for every hour worked beyond a standard workweek. The FLSA applies to employers whose annual sales are greater than $500,000 or engage in interstate commerce. If the employer does not meet the $500,000 threshold, the employee may still be covered by the FLSA if they engaged in interstate commerce. The FLSA allows for certain employees to be paid a subminimum wage. For example, tipped employees may be paid less than the basic minimum wage, but their cash wage plus tips must at least equal the basic minimum wage. Other types of employees who may be paid a subminimum wage include: certain disabled workers, new hires under the age of 20, and student learners (Minimum Wage Overview: Provisions Of The Fair Labor Standards Act. (Cover story), 2013). Employees whose jobs are governed by the FLSA are classified as either “exempt” or “nonexempt”. Employees who are exempt are not entitled to overtime pay. To be classified as exempt, employees must earn a minimum of $455 per week and meet certain duties tests for their job type. Executive, Administrative, and Professional employees are exempt provided their jobs meet the standards. Outside salespersons and

The Fair Work Commission (FWC) in Australia along modern awards and employment contracts, has the power to control employee wages and conditions. Wages are the price paid to the labour force for its contributions in the production process. The FWC regulates if the National Employment Standards and enterprise agreements are met under the Fair Work Act (2009). Modern awards and employment contracts are arranged for the remaining individuals in order to determine their wages and conditions. Wages are also determined through the government implementation of price floors and also the supply and demand. Consequences are implemented by the FWC if Australia companies are found to have contravened the Fair Work Act (2009), one recent Australian company that was found to have infringed this legislation was Coles.

Dereck Ortiz, a former minor league Frisbee player that worked for two minor teams of the Sets, is seeking compensation for unpaid minimum wage and overtime. The Sets are arguing they are not liable to Ortiz demands since they are exempt as an amusement or recreational establishment under the Fair Labor Standard Act (“FLSA”). The Sets “must show that they are plainly and unmistakably within the terms and spirit; of the exemption.” Bridewell v. Cincinnati Reds, 68 F.3d 136, 138 (6th Cir. 1995). (Citing Brennan v. Southern Productions, Inc., 513 F.2d 740, 744 (6th Cir. 1975)). The first element to address is whether the defendant can be considered an amusement or recreational establishment. If so, the Sets’ can be dismissed if “(A) it does not

For about a year, I worked at a well-known 'high end' teen clothing store at a local mall. I took the job because I needed the money and I assumed that most of my fellow employees would be in a similar situation. However, it soon became clear that most of my colleagues were working at the store because it was a 'socially prestigious' thing to do and because they could get a discount on the expensive clothing, not because they needed the spending money. It was not that the retailer paid any more than similar types of jobs, but because the clothing and the image of the store was trendy, it tended to attract a certain 'class' of teen to work there. When I was very young, I was never particularly conscious of any differences in class between myself and my friends, but over the course of my employment I truly began to comprehend why it is said that America is far from a classless society, only the divisions between social classes are often rendered invisible by the rhetoric of American meritocracy.

Stereotype threats are negative consequences about one’s race, sex, nationality, or social group. Stereotype threats are used a lot more frequently than people realize. Gender is a powerful stereotype that affects many people’s decisions and actions. The stereotype of women in the workplace has come a long way even in the last twenty years. Many businesses tend to want to diversify their demographics by making the ratio of men to women almost equal. “Demographic projections anticipate that by the year 2000 women will exceed 50 per cent of the total workforce…” (Johnston and Packer, 1987). Women were able to make their way in to the workplace when men were off at war during the 1950s. During this time, women proved their ability to do the same kind of jobs men did. Many women worked as machinist, factory workers, and clergies.

While the world has unanimously advanced and is more accepting of change, the workplace continues to be a place of discrimination, prejudice and inequality. Discrimination is broadly defined to ‘distinguish unfavourably’, isolate; and is context based (Pagura, 2012). Abrahams (1991) described the workplace as an ‘inhospitable place’ where gender disparity and wage gaps persist (Stamarski & Son Hing, 2015). Among other states and countries, the Australian government actively implements and passes laws to protect and maintain equal employment rights. While the objective of these laws is ‘to eliminate discrimination,’ the regulatory mechanisms in the legislation are largely ineffective at achieving this ultimate goal (Smith, 2008). However,

Since Glatt and Footman worked as paid employees work and performed low-level tasks which did not require customized training, and the company take an immediate advantage from them, the court ruled that considering all the truth above, the interns were classified improperly as unpaid interns and should qualify as employees and must be paid at least the minimum wage and overtime compensation for hours worked over forty in a workweek.