Pay and benefits Employment Law Violations

Pay and benefits Employment Law Violations

Write a 2-3 page analysis in which you summarize a case involving overtime and related pay issues, identify the central issues related to the alleged errors, and describe the outcome of the case. Offer your opinion of the reasons the employee should or should not have been paid overtime wages.

Introduction

In this assessment, your challenge is to investigate pay and benefits issues as they relate to the law and conflict in the workplace. You will review the issues of pay and benefits and how they can be some of the hottest issues in human resources today.

Pay and Benefits

Fair compensation for a fair day’s work seems a relatively straightforward concept, but it only takes one glance at a newspaper to see that the stories of inflated chief executive pay, lost pensions, and deferred benefits have become serious concerns.

This assessment examines how these policies are administered and the decision-making process behind them. While many may have been embroiled in the topic of how much CEOs are paid, you will be more concerned with how the payment structure was set up, who decided it, and whether it was within the policies of the organization and the laws protecting every employee in their employee agreement.

Employment Law Violations

It seems that one of the most widely publicized employment law violations relates to companies who fail to properly pay overtime to their employees. We see commercials on television related to this topic, and well known companies are often in the news for violating this law.

Most employers are required to pay overtime according to federal and state law. Overtime is 50 percent of the employee\’s hourly wage, which means the employee is paid “time and a half” for each hour of overtime worked. There are many exceptions to overtime laws, but generally speaking, employees eligible for overtime are “nonexempt” employees, and those not eligible for overtime are \”exempt\” employees.

Most state and federal laws set a weekly overtime standard. This means that non-exempt employees who work more than 40 hours per week are to be paid overtime for all time worked above 40 hours. Some states (such as California) have daily overtime standards in addition to the weekly standards. This means that non-exempt employees are paid overtime for all time worked above eight hours per day, even if they do not work 40 hours in a week.

It is essential for HR practitioners, and all members of management, to understand how to properly classify employees and accurately record their time to avoid these types of violations. The laws are complex and can be somewhat confusing because of the number of exceptions to the rules.

Use the Capella library and the Internet to find and research a case involving overtime and related pay issues.

Then, write a 2–3 page analysis in which you complete the following:

• Summarize the case.
• Describe the central issues of the case and specifically address the company\’s alleged errors.
• Describe the decisions that were made and the outcome of the case.
• Clarify your opinion regarding the reasons why this employee should or should not have been paid overtime wages; describe how the company can avoid similar charges in the future; and describe how the court applied these criteria to the facts of the case to reach its decision.

Additional Requirements

• Written Communication: Written communication should be free of errors that detract from the overall message.
• APA Formatting: Resources and citations should be formatted according to current APA style and formatting guidelines.
• Font and Font Size: Times New Roman, 12 point, double-spaced. Use Microsoft Word to complete the assessment.
• Length: A minimum of two pages, excluding title page and reference page (150–300 words per question).

Competencies Measured

By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:

• Competency 1: Examine the effect of the employment process on current work environments.
  • Describe the issues in the case.
• Competency 3: Apply the laws and safety issues in the workplace.
  • Describe your opinion on the decision regarding overtime pay.
• Competency 5: Create strategies for recovery.
  • Describe the decisions that affected the outcome of the case.
• Competency 6: Communicate in a manner that is scholarly, professional, and consistent with expectations for members of the human resource profession.
  • Communicate in a manner that is scholarly, professional, and consistent with expectations for members of the human resource profession.