The fair labor standards act exemptions are put forward to protect employees from unfair pay deductions, which may be made on their salaries. There are various provisions, which are governed by this law, and they include minimum wage, child labor, overtime, record keeping, and sex based differences in wages among employees. Three tests are applied in regard to these regulations and they include salary level, salary basis, and duties performed.
Their salaries cannot be reduced even if one performs less amount of work or works less hours in a day. Workplace conflicts can arise where employees they are being subjected to unlawful deduction in their pay. This can lead to serious consequences including strikes and legal prosecutions.
The provisions of the law specifically take into account the child labor prohibition, setting of minimum wages, the entitlement of overtime pay, and prohibition of wage differentials based on sex. They also entail requirements for record keeping by ensuring that workers and employers have details on how they have worked.
Workers are generally presumed not exempted and are entitled to overtime pay but there are exemptions to this rule. Certain employees including professionals, administrative workers, executives, sales persons, and computer experts are exempted from this law. In the law, non exempt workers should be paid overtime based on their regular rate of pay at one and half times unless the worker is exempt from such provisions.
Executives who regularly direct work to specific number of full time employees or those that have authority of hiring and firing employees are also categorized under executive test. In the administrative test, an employee qualifies for the exemption by passing the salary thresholds. In addition, this administrative test applies to workers who perform non-manual or office work that is directly related with the business operations.
Out of 5 days, then two and half days may be deducted from your salary. FLSA takes into account different provisions, which govern employers in determining employees who are exempted or not exempted. The law helps in protecting employees from employers who might want to take advantage of employee and make deductions on their pay.
The provisions under this act include prohibiting child labor, setting minimum wage, requirement for overtime pay, requirement for equal pay, prohibition of sex based wage differences, as well as requirement for record keeping. In the entitlement to overtime pay, there are some exempts, which include administrative, executive, computer employees, and professionals. For overtime pay, employees should be paid at one and half time their normal rate of pay unless they are in the category of exempt workers.
Besides, the employer may fail to pay the employee when he or she absents for one or more full working days due to disability or sickness, and when the worker has exhausted any paid leave benefits. If the employee is on the probation period of employment, then such absenteeism may not be paid for. If you have difficulties in understanding how the fair labor standards act exemptions work, you can consult a legal expert to bring the subject clear to your.
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