This paper will address the homework assignment in week six. As noted in the Fair Labor Standards Act (FLSA) tutorial, Mr. Mike Murphy is an employee at the Special Weapons and Tactics Team (SWATT). Mr. Murphy’s complaint is that his last three months’ paychecks did not reflect the 36 hours of overtime (OT) for which he had filed. His company representative indicated that it would not pay him overtime since he was claiming this OT for additional physical conditioning, outside of the time SWATT already provides its employees to conduct physical conditioning. He has decided to file a Fair Labor Standards Act claim seeking payment for this OT. The answers to the assigned questions are below.
Determine whether or not the employee has a potential FLSA claim
No, based on the evidence presented in the tutorial, Mr. Murphy does not have a legitimate FLSA claim. Mr. Murphy’s preliminary inquiry was in reference to 36 hours of additional overtime for which he was not compensated. The SWATT administrator determined that the hours claimed were time in which Mr. Murphy was engaged in exercise and physical readiness. According to the tutorial, while it is part of Mr. Murphy’s job description to be in top physical condition, the employer currently allows time for him and other employees to meet this requirement. Mr. Murphy’s requirement for more time is not covered by FLSA because the claimed time is voluntary in nature, and according to the employee, it is three hours per week of “off duty” time that he chooses to use to continue the routine of what he does while on duty.
According to the FLSA, unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in...
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...yer will not be held liable for employee errors concerning incorrect time tracking.
This paper addressed the homework assignment in week six. As noted in the Fair Labor Standards Act (FLSA) tutorial, Mr. Murphy’s complaint was that his last three months’ paychecks did not reflect the 36 hours of overtime (OT) for which he had filed. This paper described my determination that based on the FLSA definitions and DOL requirements; Mr. Murphy does not have a legitimate FLSA claim. As well, in the case of being on call, I do not think Mr. Murphy has a potential claim since he was not required to remain on SWATT’s premises; he was simply waiting to be engaged, and this perceived “on call” time was not considered hours worked. And finally, from an HR perspective, I recommended five steps an employer can employ to ensure compliance with FLSA and avoid claims.
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