Analyzing Executive Exemption from the Fair Labor Standards Act

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Economics

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Jun 11, 2024

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docx

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Uploaded by ProfLightningTrout9272

The Fair Labor Standards Act The Fair Labor Standards Act (FLSA) sets national minimum wages for those who are covered by the Act. Research a group which is exempt from this Act such as domestic workers, babysitters and executives. Discuss and analyze why this group research should or should not be exempt from the FLSA. Cite the sources you considered when researching this group. Hello Class, The Fair Labor Standards Act (FLSA) determines who is guaranteed to receive minimum wage based on standards and requires employees to be paid for time and a half based on working past 40 hours/ week (Halbert & Ingulli, 2017, p. 56). One of the groups that is not covered by the FLSA are executives. Executives must meet certain requirements to be considered for “Executive Exemption”. First, the employee must be paid on a salary basis of at least $684 weekly (U.S. DOL, n.d.b). Second, the employee’s primary job must be to managing the firm or running a “customarily recognized department or subdivision” (U.S. DOL, n.d.b). Third, the employee must be in control the work of at least 2 or more full-time employees or their equivalent (U.S. DOL, n.d.b). Lastly, the employee “must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight” (U.S. DOL, n.d.b). Upon reflection of what an executive’s minimum responsibilities are to the company, to include the requirements of the FSLA, there is a high possibility that they would already be working past 40 hours/week. Their sole focus on company success, they will likely always be on call, have long hours, adjudicate many company issues. In addition, the national minimum wage is at $7.25 per hour (U.S. DOL, n.d.a). If we were to calculate that to a yearly salary, that would be about $15,000 a year, based on 40 hours/week. The executive exemption allows for an executive to make over $35,000 a year minimum. I believe this exemption better reflects what is fair pay for an executive position without the need for overtime. Knowing about the executive exemption, do you believe that executives should still be paid overtime? Looking forward to your responses! References: a. Halbert, T., & Ingulli, E. (2017). Law and Ethics in the Business Environment (9th ed.). Cengage Limited. https://purdueuniversityglobal.vitalsource.com/books/9781337677882 b. U.S. Department of Labor. (n.d.). Minimum wage . https://www.dol.gov/general/topic/wages/minimumwage c. U.S. Department of Labor. (n.d.). Fact sheet #17B: Exemption for executive employees under the Fair Labor Standards Act (FLSA) . https://www.dol.gov/agencies/whd/fact-sheets/17b-overtime-executive
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