Sec370 Week 4 Individual Human Resources Analysis

Individual Human

Individual Human Resources Analysis

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SEC370

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Individual Human Resources Analysis

The Fair Labor Standards Act (FLSA) is a federal statute that covers both exempt and nonexempt employee compensation and overtime. The FLSA is legislation that applies to employees that engage in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce. Only employees that have a claim for an exception will be excluded from this requirement. The FLSA outlines when overtime must be paid and to whom. In Washington State the FLSA applies to organizations as well as state overtime and wage laws. Most organizations in the state are required to pay overtime but there are some exceptions.

When determining if security personnel are afforded protection under the FSLA and are afforded overtime pay in Washington State this will depend on the type of employers exempt in the state from this obligation. Security personnel play an essential role in an organization but the security staff can be contracted or can be a department of the organization it can make it more difficult to determine what security personnel are owed overtime hours pay. In Washington State labor and wages are regulated by the WA Labor & Industries and any complaints concerning failure to pay are reported to this agency.

In Washington State employees must be paid at least minimum wage as outlined by the federal government as well as overtime pay if the employee works forty hours within a seven day period. Any hours worked after forty requires the employer to pay the employee time and a half wages. Employers required to pay overtime can force their employee to work overtime hours with the exception of medical staff. Nurses and other medical personnel already work twelve hours shits. Any overtime could result in harm to the patient. While a majority of employers must pay overtime in Washington this only involves the non exempt organization.

In Washington State the employers that are considered exempt from paying overtime wages to employees includes first farmers or agricultural workers, seasonal employees, newspaper carriers and vendors, casual occupational labor, and forest and fire protection. Casual occupation labor includes babysitters, yard services, or any individual that spends the night at a location, such as a nanny or a housekeeper (WSLI, 2012). Under Washington State Law and the FSLA these are the only employers exempt from paying the employee overtime.

While the law in Washington State is clear and adheres to the federal guidelines outlined in the Fair Labor Standards Act (FLSA), whether or not an organization is required to pay overtime to an employee can depend on the job that is being filled. On average the security personnel hired by an organization receives the same protections and rights to overtime wages as any other employee but the security professional that works for the exempt organization would not be provided with overtime. Determining which employers will be exempt has not always been black and white and in the past the security officer that worked for the transit authority was not afforded the compensation.

In the case of Garcia v. San Antonio Metropolitan Transit Authority the Supreme Court ruled that the Commerce Clause empowers the federal government to regulate the terms of employment of state workers (Young, 1986). Before this ruling in the case of National League of Cities v. Usery (1976) the Supreme Court ruled that state governments were not required to pay employees a minimum wage or overtime hours because it violates the 10th Amendment. The 10th Amendment guarantees other than the power afforded to the federal government falls under the authority of the state.

In the case of National League of Cities v. Usery it was determined the Commerce Clause did not supersede the authority provided to the in the constitution while in Garcia v. San Antonio Metropolitan Transit Authority this ruling was reversed. Garcia sued for overtime hours when he was required to work additional hours he was not properly compensated for and while in the National League case it was determined that the federal government could not interfere with the states right to regulate employment functions but in truth the constitution clearly affords the federal government with the power to make laws that must be adhered to by the state.

Since that ruling all states, including Washington State, are required to pay the employer a minimum wages established by the federal government as well as overtime as long as the employer does not fall under one of the exceptions of the state. In the case of the security officer they would be afforded the right to overtime hours as long as they were not providing security for a farm or do not work in the capacity of an independent contractor. If the security person works for an employer that pays them a wage then in most cases they will be afforded overtime compensation.

Under the FLSA the security guard service industry includes those firms that provide protection to firms or individuals. Normally, the guard obtains a State license which is portable from firm to firm (UDDOL, 2008). The types of provisions located in the Fair Labor Standards Act (FLSA) that could apply to security personnel include hourly, salaried, and independent contractors. If the security person acts as a hourly employee and works at an organization that provides goods or services to the public is covered under the FSLA but if that same employee has part ownership they are not covered.

Security personnel are covered under the FSLA if the business they provide security for makes over a half million dollars a year but does not apply to the salaried employees in all circumstances. The salaried employee cannot be forced to work excessive hours without being paid overtime but this compensation is not guaranteed. If the security guard is contracted the organization has not responsibility pay overtime but the security firm that hired the security guard will have this obligation. If the security guard works independently they are considered independent contractors and will not have the same right to compensation.

The FLSA is designed to ensure that workers are not forced to work over 40 hours in a seven day period without being afforded overtime compensation. While this right does not apply to all employees it does apply to the security personnel in many cases. It is important that all employees understand their rights while in the workforce but because of the many role and ways security personnel can be hired it is essential they learn what rights are afforded concerning their wages based on the position they fulfill.

References

U.S Department of Labor. (2008). Fact Sheet #4: Security Guard/Maintenance Service Industry

under the Fair Labor Standards Act (FLSA). Retrieved June 24, 2012 from

http://www.dol.gov/whd/regs/compliance/whdfs4.pdf

Washington State Department of Labor and Industries. (2012). Jobs Not Paid Overtime.

Retrieved June 24, 2012 from

http://www.lni.wa.gov/WorkplaceRights/Wages/Overtime/Exemptions/default.asp

Young, D. (1986). Garcia v. San Antonio Metropolitan Transit Authority: The Commerce Clause

and the Political Process. Retrieved June 24, 2012 from

http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1567&context=plr&sei