Employee Have a Potential FLSA Case Study

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2. Explain five things employer can do to insure compliance with FLSA.

The most important action that an employer can take to ensure compliance with FLSA is to remain organized and pay attention to detail (Deadrick). Overtime violations have replaced discrimination claims as the number one problem relative to FLSA compliance and accurate and detailed record keeping can alleviate most of these problems. In regard to this record keeping it is essential that human resource departments properly classify each employee's exempt / non-exempt status as to the paying of overtime. The provisions of the FLSA carefully detail which employees are eligible for overtime and which are not. Human resource departments must follow the FLSA language strictly in making this determination.

It is also essential that employers carefully and accurately record the number of hours spent by each employee and that such recording procedure is not subject to manipulation or abuse.

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It is the employer's responsibility to maintain accurate records relative to working hours and not the employee's responsibility. Accuracy of such records apply as to employees and independent contractors. In regard to independent contractors, employers must also be careful to ensure that such entities are indeed independent contractors and not employees. In this regard, employers must follow the factors set by the Internal Revenue Service in making this determination.

Finally, the human resource department must carefully compare the employer's job descriptions with those set forth in the Department of Labor guidelines. Exempt status is determined not only by the number of hours that an employee works but also by the employee's specific job activities. In order to be in compliance an employer must qualify in terms of the hours worked and the responsibilities of the employee.

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