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Federal Labor Standards Act

1. "Employers should not ignore employees starting work early, staying beyond scheduled hours, or coming in to work on days off." In regard to the FLSA and compensable time, explain the legal rationale for having such a policy in place. Why is ignoring those behaviors a dangerous policy?
2. Would you suggest that a company offer domestic partner benefits? What implication to employers would occur, if any, with the repeal of the Defense of Marriage Act (DOMA).
3. The cases IBP v. Alvarez (http://caselaw.findlaw.com/us-9th-circuit/1335503.html) and Tum v. Barbar Foods (http://caselaw.findlaw.com/us-1st-circuit/1158592.html). These cases were litigated all the way to the Supreme Court. What, if any, practical impact might these ruling have on businesses? Why do you think that these issues were litigated all the way to the Supreme Court?
4. Consider yourself an employer of 110 employees with a group health plan. What affect does the Patient Protection and Affordable Care Act have on your company? In regards to the grandfathering status of the plan, is it worthwhile to avoid making any changes that can affect it?

Solution Preview

1. "Employers should not ignore employees starting work early, staying beyond scheduled hours, or coming in to work on days off." In regard to the FLSA and compensable time, explain the legal rationale for having such a policy in place. Why is ignoring those behaviors a dangerous policy?

The reason that employers cannot ignore regulations regarding the FLSA and compensable time is because wage and hour lawsuits represent the most litigated disputes in employment law and are above all other types of employment litigation combined. In addition, federal and state labor departments' have vigorously enforced this area of employment law. Therefore, It is critical for employers to ensure that their non-exempt employees are properly compensated for all hours worked, including all overtime hours worked to avoid costly fines and litigation.

http://www.venable.com/top-ten-compensable-time-issues-for-non-exempt-employees-04-11-2012/

2. Would you suggest that a ...

Solution Summary

This response provides guidance on the importance of employee overtime pay in regard to the FLSA.

$2.19