According to the US Department of Labor
* 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
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.
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.
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