Excerpt from Term Paper:
Before the FLSA and COBRA regulations were exceeded, there were a large number of employers who were taking advantage of their workforce in numerous ways.
It had been not uncommon to call a staff exempt who have really would not qualify for an exempt position. The company could do this with regards to avoiding overtime pay. As well, the same organisations were docking their workers if they called out sick or perhaps had to take some time off for personal or doctor appointments. Fundamentally the workers were providing many hours of free labor but not getting compensated web-site and get call away sick or go to visits without a economical punishment. The employers rehearsing this method of supervision were getting the most of both sides while the personnel were receiving the worst of both worlds.
Once the FLSA laws entered effect there were an immediate and significant adjustments across the region in the way staff were categorized from the beginning and this made it a significant change from how things have been done prior to law went into affect.
Today the law continues to be effective yet because of its presence, most companies in the U. H. already comply from the moment the employee is appointed therefore the impact is less significant.
The NAJA laws continue to be every bit while effective today, as they were when initially mandated or even more so. The main reason for this is the rising expense of health care and the public mandate to minimize those costs.
If I were to make suggestions to bring up to date and increase the laws I would personally do a very important factor for each rules.
When an worker loses her or his position within a company one of many largest problems that the staff has involve finances. While I understand the need to have a cut off for what a company should be destined by to get former employees I would change the law in order that if an staff had been on the company for three years or longer as being a full time member of staff the company will be responsible by COBRA to pay no less than half the premium to keep the NAJA coverage following a separation. I might keep the same time frames in position for insurance coverage but may have the company pay out half of the high grade to help automobile maintain protection even during a financial event such as being unemployed.
With regard to the FLSA laws I might only help to make one change for improvement. I would not allow any kind of exemptions by any means. If the employee was paid out a salary a lot more than $455 weekly that employee would be categorized exempt. In case the employee made less he / she would immediately be non-exempt. There would be zero exceptions to this rule in any category. Furthermore there would be the same to the regulation about dialling out sick and tired or other missed days. A salaried employee would not be docked for any reason for time off. If the salaried staff took advantage of that plan they would always be terminated nevertheless , I would make the exceptions be written in to the law for the purpose of protecting all parties involved.
References
____(2005) 14 Pointers to Help You Be familiar with Essentials of COBRA. IOMA’s Report upon Managing Benefit Plans.
____(2004) FLSA Interpretation the Rules of Change.. IOMA’s Report about Managing Advantage Plans.
Bikoff, Laura (2004) 2004 NAJA
