Fair Labor Standards Act
Instructions:
Research the Supreme Court case, Garcia v. City of San Antonio.
Write a 1,050- to 1,400-word paper to determine whether compensation and overtime pay applies to exempt and nonexempt security personnel in your state (My state is Virginia).
Discuss Fair Labor Standards Act (FLSA) provisions.
Determine which provisions might apply or not apply to security personnel.
Format your paper consistent with APA guidelines
Solution.
Fair Labor Standards Act
Introduction
Appellee San Antonio Metropolitan Authority majors in public mass transit in San Antonio metropolitan location. The hour and wage management that is within the Department of Labor gave out an opinion that SAMTA’s ways of operation were not immune starting from the overtime requirements and minimum wage that are prescribed by the Fair Labor Standards Act. In order to give employees their rights on hour provision and wages that are of the FSLA, the congress disregarded there was not a confirmatory limit regarding its power under the commerce clause. There was nothing involving minimum wage and overtime requirement for Fair Labor Standards, as claimed to SAMTA that was a destruction of the sovereignty of the state or violation of the constitutional provisions. In the case, the political procedure protected the role effectively.
Compensation and Overtime
The compensation and overtime applies to exempt and nonexempt in Virginia’s security personnel. They are with the accordance of the standards of the FSLA that are meant to all employees. All the procedures for this policy are in order with the objectives of the decision s of the Supreme Court on Garcia vs. San Antonio of 1985 and coincide with legislations connected with the Fair Labor Standards Act.
Exempt security personnel are not obliged to overtime compensation according to the procedures of FLSA. The Sheriff, captains, chief deputies, logistics and budget manager and other ranks designated by the Sheriff are exempt and are described alongside guidelines from the administration, executive and also the professional personnel. Security is to given much consideration Virginia because of the insecurity measure that are always reported to create a conducive environment that is safe for safe operation of activities.
For the nonexempt, they are obliged to overtime compensation according to the FLSA guidelines to all the noncommissioned and commissioned security personnel. For the nonexempt security personnel that are commissioned working schedule for a consecutive twenty-eight days, however, work periods do not necessarily correspond with the periods of payment.
Provisions for the FSLA
The FSLA was endorsed on 1938 as a federal statute that governs hours and wages for many employees that are of the private sector which was made pertinent for the public sector from ruling of the Supreme Court involving Garcia versus San Antonio case that concerned the metropolitan Transit Authority in the United States.
On minimum wage, the FLSA established the minimum wage, which is supposed to be paid to every employee with limits of if they are relieved specifically on or after the application of FSLA (Avalos, 2010). The statutes minimum figure for wage is 5.85 United States Dollar for an hour. Every employee is not supposed to be paid at every hour since payment covering each workweek is actually equal or has exceeded minimum wage standards. The amount of minimum wage should not be paid in form of cash but in whole or some part in board.
On overtime, any of the supervisors is responsible for the proper overtime administration. It is paid within the standards of 1-1/2 rating as termed in the rules of FLSA. Employees are obliged to notifying the present supervisor when they are working outside the scheduled period (Kerwin, 2013). It is the role of the supervisor to make approvals on the extra time and overtime that has been done.
Employees have rights to be remunerated fully for the collective hours they have worked including the following:
a. Chief procedures of consistent working that is for employers despite the areas where the work is done.
b. Short break of twenty minutes and meal breaks that should take twenty minutes when the employee has restrictions from the employer on freedom.
c. Sleeping period to staffs that are on calling a period less than twenty-four hours.
d. Programs training and meetings, but exempted when the employee has voluntarily attended trainings outside the normal working hours and with trainings that are related right to the work or duty of the employee.
On unofficial work;
a. Employees that are working when shift is over having the knowledge and compliance of the actual boss are to be engaged with the compensable time.
b. The work reason is unimportant if the employer “permits or suffers” when the employee is instructed to work on behalf of the employer.
On split shift;
a. When the employee has a break off within the workday, which sufficient for him or her to be used as wished for effectively
b. An employee should not be considered working at the off time period.
Records to be reserved,
a. Occupation
b. Worker’s private information
c. Day to hour at the begin of the workweek
d. Overtime hours total premium pay
e. Wages that are paid at every pay period
f. Pay period and the date that payment is done
g. Earning records with time cards that is to be kept for a period of two years
Work timing for noncommissioned for the employees is seven consistent days. It begins at 0001 hours of a Sunday to 2400 hours of the following Saturday but employees on a flexible schedule have a deferments with the above rule.
On call time, an employee is sometimes required to be available urgently when required through a cellphone or a pager and the on call employees at any division should avoid usage of alcohol or any substances that might affect employee’s response ability in time. For instance, when the employee is contacted from the office, counting of hours is considered immediately on the assignment actual time that includes phone time. If the calls readiness or frequency that comes from the office has restrictions on employees ability for an off duty time, it leads to the security personnel to be fairly compensated for the work related time.
For instance, many ranks that are within security personnel’s department are assigned with cellular or smartphones pagers that are based on the requirements of the position or rank held. Security personnel with the stated ranks are never allowed to use the devices outside their allocated duties when off time (Clinton, 2011). Any extra time that is to be worked through any of the devices is to be approved post use by the security supervisor, if with any form of constraints, the security supervisor should be notified through a text message and be documented on a work sheet for future reference in payments.
Overtime is paid when employees are under the nonexempt personnel definition and the following;
a. The commissioned law personnel enforcement that has exceeded 171 hours within twenty-eight days work period. All time of leave is not included when computing hours worked but those who shall be working outside their prescribed time are to be paid the overtime payment at a one half rate after exceeding the 171 hours in the twenty eight day period. Extra hours that are worked outside the normal working time but that do not exceed the 171-hour time threshold are to be paid in a straight time rates, which are above the monthly normal salary for the security personnel.
b. The noncommissioned employee exceeds the forty hours in a seven-day working period.
Provisions that apply to the Security Personnel
The security personnel cannot bear cost of purchasing required security personnel like for the security guards less than the applied minimum wage or even buying power will cut on overtime of wages that are eared (Jensen, 2011). The cost of, for instance, dry cleaning of the uniform is not to be carried by the employee if by acting so he or she will be receiving less by the minimum age or the cost is to cut to overtime wages.
Conclusion
The current issue concerns are for the stretch to the subjection of SAMTA on overtime and the minimum wage type of requirements for FSLA. When this FSLA Act was enacted, its overtime and wages provision never applied to local governments and employees of the state and to the employees of the local mass transit authority. Some years later, the congress made extensions of coverage to local government employees and the state by withdrawing the overtime and wage exemptions from schools, hospitals and mass transit carriers whose services and rates that were subject to state regulation. The problems that are of federalism are an integrated national economy, which is to be with capabilities of more responsibility on resolution comparing the States, retain, apart from whatever the Congress chooses to allow them retain. It is not sufficient for the access of the validity of regulation by the congress of a state in regards to the power of commerce by asking if the same regulations are to be valid for enforcement against a private party.
References
Avalos, A. (2010). Migration, Unemployment, And Wages: The Case of the California San Joaquin Valley. Contemporary Economic Policy, 28(1), 123-135.
Clinton, J. (2011). Congress, Lawmaking, and the Fair Labor Standards Act, 1971-2000. American Journal Of Political Science, 56(2), 355-372
Jensen, J. (2011). From Geneva to the Americas: The International Labor Organization and Inter-American Social Security Standards, 1936–1948. International Labor And Working-Class History, 80(01), 215-240.
Kerwin, D. (2013). The US Labor Standards Enforcement System and Low-Wage Immigrants: Recommendations for Legislative and Administrative Reform. Journal on Migration and Human Security, 1(1), 32-57.