According to the US Department of Labor Essay

* The time employees spend in meetings, lectures, or training is considered hours worked and must be paid, unless attendance is outside regular working hours, the attendance is voluntary, the course, lecture, or meeting is not job related or the employee does not perform any productive work during. attendance. * If employees on their own initiative attend an independent school, college, or independent trade school after hours, the time is not hours worked for their employer even if the courses are related to their jobs http://www.dol.gov/overtime Based on the above considerations, the employee has no potential FLSA claim because the overtime he is claiming is not required by the company to perform his physical tests. He can stay fit and in shape and can be trained well with in his job itself and there is no requirement by the company to take additional training to continue to stay in SWAT but he felt that he needed extra training and has nothing to with the company. So as per FLSA Mr.Murphy has no potential claim to collect the overtime for 36 months. See more: Satirical elements in the adventure of Huckleberry Finn essay The five things an employer can do to insure compliance with FLSA and avoid claims are: 1.Classify the employees properly Try to classify the employees based on exempt and non-exempt status based on FLSA regualtions. There is a whole list of exempt employees according to US department of labour and some of that list includes: * Commissioned sales employees of retail or service establishments are exempt from overtime if more than half of the employee’s earnings come from commissions and the employee averages at least one and one-half times the minimum wage for each hour worked. You may also wish to review the applicable regulation. * Computer professionals: Section 13(a)(17) of the FLSA provides that certain computer professionals paid at least $27.63 per hour are exempt from the overtime provisions of the FLSA. * Drivers, driver’s helpers, loaders and mechanics are exempt from the overtime pay provisions of the FLSA if employed by a motor carrier, and if the employee’s duties affect the safety of operation of the vehicles in transportation of passengers or property in interstate or foreign commerce. You may also wish to review the applicable regulation. * Farmworkers employed on small farms are exempt from both the minimum wage and overtime pay provisions of the FLSA. You may also wish to review the specific regulation. Young workers employed on small farms, with parental consent, are also exempt from the child labor provisions of the FLSA. For more information on exemptions from the child labor provisions of the FLSA in agriculture, click the underlined text. Other farmworkers are exempt from the FLSA’s overtime provisions. You may also wish toreview the specific regulation. * Salesmen, partsmen and mechanics employed by automobile dealerships are exempt from the overtime pay provisions of the FLSA. You may also wish to review the applicable regulation. * Seasonal and recreational establishments: Employees employed by certain seasonal and recreational establishments are exempt from both the minimum wage and overtime pay provisions of the FLSA. You may also wish to review the applicable regulation. * Executive, administrative, professional and outside sales employees: and who are paid on a salary basis are exempt from both the minimum wage and overtime provisions of the FLSA. Direct reference: http://www.dol.gov/elaws/esa/flsa/screen75.asp And there are other exempted categories and to avoid potential claims, the handbook of US department of labour should always be checked while running the payroll. 2.Run a proper payroll as per the standards and so there will not be any issues later when faced a claim. 3. Conduct workshops among employees to make them understand the overtime exemptions and non-exemptions. 4.For the exempt employees make sure the wages are paid for the normal working hours to avoid any discriminatory claims. 5.Document the non-exempt employees work hours accurately If taken care and treat all employees fairly as per the standards and creative a crystal clear environment and pay with the transparency there will not be any potential claims. References: http://www.dol.gov/overtime http://www.dol.gov/elaws/esa/flsa/screen75.asp