Research Paper: Florida State Agency Class Action

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[. . .] 0031). This apparent conflict between the prohibition on overtime pay for "excluded career service employees" is addressed by the Florida Administrative Code's section on Regular Compensatory Leave, which states that "(1) If an agency requires an excluded career service employee to work hours in excess of the regular work period or an approved extended work period, the employee shall, with agency approval, earn regular compensatory leave credits on an hour-for-hour basis; provided, no employee may accrue more than 240 hours & #8230; (and) (2) Agencies shall make reasonable efforts to allow employees to use regular compensatory leave credits. An agency may require an employee to use the credits" (60L-34.0043). Furthermore, the federal mandates of the Fair Labor Standards Act state unequivocally that "excluded employees are not eligible for overtime pay under the Fair Labor Standards Act, however, under certain special circumstances they may receive leave credits or straight-time pay, depending on the pay plan and level of their position" (FLSA, 2011). Based on the preponderance of evidence gathered from this review of the pertinent regulatory provisions, it is quite clear that the directors' complaints regarding their right to compensatory leave time is valid, and that the aggrieved employees are fully deserving of further consideration in terms of agency-generated reimbursement for their unpaid work hours.

Conclusion

While this case was relatively straightforward in terms of deciding in favor of the complainants, this agency and others throughout Florida would be well served to subject their own internal policies regarding compensatory leave time for "excluded career service employees," because the statutory language is clear and emphatic on this issue. In order to ensure agency-wide compliance with the Florida Administrative Code in the future, it is imperative that all human resource managers, personnel directors, and payroll accountants be apprised of the current legislation regarding "excluded career service employee" and methods used to compensate them for overtime and other commonly occurring circumstances. By doing so, the risk of cases like that which recently occurred becoming repeat incidents would be effectively reduced, because those in charge would have no excuse for ignorance of the law. As far as the directors' current case is concerned, considering the legitimacy of their complaint, this agency must begin an immediate process of reparations to remedy the situation. This includes the provision of all compensatory leave time due each director, as well as individual meetings with each complainant to review the circumstances of their case. Avoiding litigation and other damaging consequences associated with this internal oversight must be of paramount concern at this point, so any requests made by the directors who were not duly paid for their overtime hours should be granted, within the boundaries of reason and prudence.

References

The Fair Labor Standards Act (FLSA) (29 U.S.C. § 201-219). Retrieved from Florida administrative code. (2013). Chapter 60, 60L. Personnel Management System, § 60L-

34.0031. Regular Time and Overtime. Retrieved from Florida Department of State

Website:

http://flrules.eregulations.us/code/rule/60L-34.0031?selectdate=10/31/2013

Florida administrative code. (2013). Chapter 60, 60L. Personnel Management System, § 60L-

34.0043. Regular Compensatory Leave. Retrieved from Florida Department… [END OF PREVIEW]

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APA Format

Florida State Agency Class Action.  (2013, October 31).  Retrieved June 20, 2019, from https://www.essaytown.com/subjects/paper/florida-state-agency-class-action/3997689

MLA Format

"Florida State Agency Class Action."  31 October 2013.  Web.  20 June 2019. <https://www.essaytown.com/subjects/paper/florida-state-agency-class-action/3997689>.

Chicago Format

"Florida State Agency Class Action."  Essaytown.com.  October 31, 2013.  Accessed June 20, 2019.
https://www.essaytown.com/subjects/paper/florida-state-agency-class-action/3997689.