Determine whether compensation and overtime applies to exempt and Essay

Determine whether compensation and overtime applies to exempt and non-exempt security personnel in your state - Essay Example † Bob the employee inquires, though he already knows the response. â€Å"Good one, that’s why we moved you to salary remember?† Joe chuckles as he walks back to his office. Fairness, in workers time and effort, versus pay has long been a minefield for dispute in the workplace. Typically speaking the worker tends to feel overworked and underpaid, and the owner tends to feel the employee is underworked and overpaid. Over the years lawsuits on compensation and overtime have arisen many times, and the decisions made by the Supreme Court in interpreting the constitution have greatly impacted the way these two are handled. So in order to investigate these laws and how they are applied in greater detail we are going to take one group of employees, security personnel, and see how overtime and compensation are regulated for them in the state of Texas. We will do this by defining overtime, by looking at what FLSA and the states say, by determining who is considered exempt a nd non-exempt employees, and by looking at how the United States Supreme Court case of Garcia v. City of San Antonio applies. ... In the United States the custom for regular working hours is forty hours a week. The second way regular working hours can be defined is by the practices of a given trade or profession. A regular working week for an air traffic controller, for example, is anywhere between fifty – seventy hours. The third way regular working hours can be determined is by legislation. This occurs through bills being passed through congress to regulate the work environment and determine that healthy, reasonable expectations are being placed on the employee. Legislation such as this tends to be determined by court cases or bills being past. The final way regular working hours can be determined is by agreement between employers and their employees. This type of agreement has to fall into compliance with any legislation that governs the hours allowed, however, were applicable. FLSA The Fair Labor Standards Act or the FLSA was created, by congress, in 1938 during the midst of the great depression. Its goal was to protect the rights of the workers who were being treated exceptionally unfairly during this time. In doing this it encouraged fairness between management and workers. It accomplished this by regulating minimum wage, overtime, and child labor laws, as well as other work related laws. It is still in effect and constantly being updated and affects any businesses with employees who engage in interstate commerce. The FLSA is a federal act and is enforced by the federal government, due to this, there have been many court cases disputing states rights to regulate these laws versus that of the federal governments. Exempt and Non-Exempt Employees The majority of jobs are covered by the FLSA, however, some are not. If a job is covered by FLSA it is