FROSTBURG FIT, FAIR LABOR STANDARDS
ACT
Kip Andy Magee
Great Basin College
ABSTRACT
In
this case study I will analysis the subject matter of Laura Finley duties at
Frostburg Fit Center to see if there is a type of work that respectably example
of the Fair Labor Standards Act. Is Laura Finley an exempted employee or non-exempted
status of Frostburg Fit Center? Should Laura be pay overtime for her duties if
assuming she is non-exempt? Can Laura be disciplined for working over 40-hours
schedule without approval? What options does Tracy have if Laura keeps working
over 40-hours a week? If I place myself in Michelle position what would I do
with the information? Should Michelle do anything in her role? How can
Frostburg Fit obtain an accurate account of overtime hours by non-exempt employees?
This there inadequate in human resource at Frostburg Fit presenting this
problem? Should Laura be considered as the full-time HR staff member? Should
Laura be paid for the time she spent traveling to and from the conference? I
will draft and overtime policy for Laura to be consideration by the practices
of the Fair Labor Standards Act.
Steve
Riccio, Ed.D. SPHR. “Frostburg Fit,” Employment Law, Student Workbook. © 2016
Society for Human Resource Management. Steve Riccio, Ed.D. SPHR.
Frostburg Fit, And Fair Labor
Standards Act
While
looking at office coordinator areas of Frostburg Fit center management has overlooked
and has neglected the Fair Labor Standards Act (FLSA) in their employee’s
opportunities. “Laura Finley office coordinator at Frostburg Fit, joined the
center in 2010 and transitioned from part time to full time in 2012, increasing
her total numbers of hours each week from 20 to 35.” (Steve Riccio., Ed.).
Laura Finley duties includes administrative work at Frostburg Fit Center and
her job responsibility has exceeded more than 40 hours in a week. With Laura
new HR training and understanding, that of the FLSA she is questioning payroll
for justification. By confiding with Michelle Cartwright, Laura is looking for
some clarification. The title that Laura has a non-exempted position, but her
duties of administrative are exempted indeed. In order to be exempted employee…
“The
employee must be compensated on a salary or fee basis (as defined in the
regulations) at a rate not less than $455 per week; The employee’s primary duty
must be the performance of office or non-manual work directly related to the
management or general business operations of the employer or the employer’s
customers and the employee’s primary duty includes the exercise of discretion
and independent judgment with respect to matters of significance.” (WHD).
Which
brings us back to is Laura Finley being non-exempt status at Frostburg Fit
Center. Of the fact that she is diligently working passed 35 hours a week doing
office clerical work and going over those 40 hours. She is due by FLSA overtime
pay to her of one hour and hour half times. The major reason is because Laura
is not Salary and is paid by the hour which entitle her even if she works from
home overtime rate. We have clarified that her duties of administrator is
exempted but these reason does not prevent her one hour and one-half hour pay. Gail
has the ability to change Laura status and make her a salary employee. If the
FLSA information of the law of the United States Department of Labor, Laura
Finley has a case she can bring forward. Laura is a hard worker and should be
re-apt to promotion. Her duties have exceed normal business hours and analyzing
the time for training in HR she should be reimburse for her expenses, because
it reflex a learning exercise by the company time. “In 2005, the recreation center received a
state grant to begin construction of a facility next to the existing location
that would house a hockey rink and turf field.” (Steve Riccio., Ed.). Which
bring the Frostburg Fit Company under the State government making Laura hourly
wage non-exempt. “The FLSA establishes minimum wage, overtime pay,
recordkeeping, and youth employment standards affecting employees in the
private sector and in Federal, State, and local government.”(WHD).
Any
duty can be discipline for working overtime without approval, but with the
extreme busyness of Tracy I’m sure it’s an oversite. They can reduce the work
load by dividing the office coordination duties with Tracy, or hirer more help,
and that would bring down labor cost. Laura can also be offer full time status
in which she’ll be paid salary wages and increasing her hours making her exempt. Michelle work as administrator for
the Red Cross and she understand the logic of office duties. So bring this up
to the board of directors at Frostburg Fit is not an embarrassment towards
Gail. Michelle heard what is going on from Laura and as a confident to Gail
should as Laura to meet with management. The less that could happen is she’ll
get her overtime repaid. Maybe they will open up a position in management to
the degree caring office coordinator. How can Frostburg Fit find out the
overtime hours? If they have Laura document the work time and calculate the pay
they should find what she’s been working. They already know Laura works 35
hours a week to find the time line, get the exact hours in which she worked
from the beginning to the ending hours and days. All jobs are required lunch
and fifteen minute breaks so this can be done. Gail started this business from
a position as a gym teacher and raised a community productive company. So in
getting work ethics correct she would have to dig deep in research and she has
in training with Laura in Human Resources. Corrections can be made but it’s
where she goes from here that the Department of Labor mandate hourly pay if
over 40 hours be paid overtime and that is the responsibility of Gail’s duty as
manager. I would consider Laura a qualifying candidate for full-time position
because she has training plus college experience. Test her in the ability and
make a judgement to promoting her in the role that she does as
administration. Traveling per demi at
.35 cents a mile that is a business usually pay to management travels. Training
is business and that is working hours she should be paid. In drafting an
overtime policy for Laura if she is hourly. We can say if she is paid $7.25
hours at 35 hour week working 8 hours a day. If she goes over those 40 hour and
works 9 hours a day for a week the she’ll have 45 hours. This would owe Laura one hour and hour- half
pay. So anytime past 40 hours is consider overtime and that is 10.875 hour time
the extra hours. I estimate that Laura is owe 344.35 for just her weekly pay if
she is assumed to have worked five hour overtime equaling about $54.00. Will
Laura is in a good position to except any offer that Gail will see in the near
future. With a company that is growing and helping the community the cost of
office coordinators is acceptable and reasonable this makes a good business
decision for a HR assistant.
Resources
Steve
Riccio, Ed.D. SPHR. “Frostburg Fit,” Employment Law, Student Workbook. © 2016
Society for Human Resource Management. Steve Riccio, Ed.D. SPHR.
No comments:
Post a Comment