Human Resources & Employment Law United State Case Study 2022

Running head: HUMAN RESOURCES & EMPLOYMENT LAW
POLICY ANALYSIS
Name of the Student
Name of the University
Authors Note

HUMAN RESOURCES & EMPLOYMENT LAW1
Introduction
The work of Human Resource Management is not easy. This kind of management of the
employees needs to be done in such a way so that employees cannot raise complaints against the
organization. The main duty of human resource management is to manage the staff, policies and
work environment within the business organization. As per the Fair Labor Standard Act of 1938,
the policies must be implemented for the benefits of the employees without depriving and
violating the rights of the employers (Noe et al., 2015). Here, my work is to evaluate the
alternative policy and discuss the potential legal and practical problems of the policy.
1.
In this given scenario, ABC Overtime Proposed Policy 4 is the most suitable and best
policy for the given scenario. The reason behind it is that, under the Fair Labor Standard Act of
1938, it is the right of the workers to earn the federal minimum wage for every hour they work.
Apart from that workers are also eligible for overtime pay, measured as 1.5 times their hourly
wage, for each hour they work, over and above the normal 40-hours workweek. Among the other
policies, it is the best one because it complies with the given criteria of the Fair Labor Standard
Act of 1938. The other policies are against the regulations enumerated by the Fair Labor
Standard Act. For instance, as per the Fair Labor Standard Act, the employees who work more
than 40 hours a week are eligible to get overtime pay. However, in the case of salaried
employees, if the worker gets more than $455 per week or $23,660 per month then that worker
will not be eligible to get overtime pay (Hobden, 2010). Thus, policy one is not helpful for the
employees. Policy two and three are also not for the benefit of the employees.

HUMAN RESOURCES & EMPLOYMENT LAW2
2.
Here, all the policies proposed by the XYZ Apparel is not lawful under the provisions of
the Fair Labor Standard Act of 1938 because to comply with the requirements of the Fair Labor
Standard Act the workers of the United States must be paid a minimum federal wage for every
hour to perform, their duties. Not only that, but they also need to be paid overtime pay at the rate
of 1.5 times their hourly wage, for each hour they work, over and above the normal 40-hours
workweek only if a worker gets less than $455 per week or $23,660 per month (Weiss, 2013). In
these proposed policies the expression ‘minimum wage’ is against the provisions of the said Act
and thus unlawful. These policies can also be legal if the term ‘federal minimum wage’ will be
added along with the provision of overtime pay as per the aforesaid Act.
3.
Here, among the four policies proposed by the GRAS Lawn Maintenance, GRAS
Proposed Policy 2 is lawful and valid because it complies with the provisions of the Fair Labor
Standard Act of 1938. As per this Act, the minimum federal wage rate is $7.25 per hour which
differs from one state to another (Pekdemir, Glasbergen & Cörvers, 2015). In this given scenario,
this amount of federal minimum wage is $15 per hour for all hours worked by the employee. The
amount of overtime pay is $22.50 per week for working more than 40 hours during a workweek.
This proposal also complies with the provisions of the aforesaid Act. More to that, even if after
coming at the workplace no work will be performed due to bad weather condition, in that time
also the independent contractor will get compensation as per the hourly rate of that independent
contractor starting from the time of arrival until a confirmation will be given that no work will be
performed for that day. It has been observed that among all these proposed policies, this policy is
the only one that pays attention only to the benefits of the workers. Among the other policies