Week6 Assignment

In: Business and Management

Submitted By gonzogrux14
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Mr. Murphy does not have a claim under the FLSA, in regards to his lack of pay for ‘overtime’ hours worked and ‘on-call’ qualifications for time worked.
According to the Department of Labor:
“On-Call time: An employee who is required to remain on call on the employer’s premises is working while “on call.” An employee who is required to remain on call at home, or is allowed to leave a message where he/she can be reached, is not working (in most cases) while on call. Additional constraints on the employee’s freedom could require this time to be compensated (Wage and Hour Division Fact Sheet, 2008).” In Mr. Murphy’s case, he is not at the workplace facility, but at home. (At least inferred from the line I can’t even travel outside the Tri-County area during an on-call period…) Because of this, the employer is not required to pay the employees for their twice a month on-call time. Within Mr. Murphy’s potential claim for his overtime hours of 36-unpaid hours due to his extra time training physically outside of what is considered work-time hours. He felt he needed the extra time to work out in order to keep physically fit for the duties of the job. According to the Department of Labor:
“Lectures, Meetings and Training Programs: Attendance at lectures, meetings, training programs and similar activities need not be counted as working time only if four criteria are met, namely: it is outside normal hours, it is voluntary, not job related, and no other work is concurrently performed, (Wage and Hour Division Fact Sheet, 2008).” With this stated, Mr. Murphy voluntarily performed this physical and wellness training outside of normal work hours and will not be compensated for time spent for this sort of training. There was an allotted amount of time provided to each employee during regular hours and if each employee would like to train outside of the allotted and…...

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