Compare and Contrast the Various Employment Classification Essay

The Fair Labour Standards Act (FLSA) was set up to guide in the understanding of the different types of employment and also to provide all the laws that aid in determining the minimum wage, the number of hours worked, employment issues and even things that have to do with overtime pay. The standards that are under this act make it clear that all the employees are supposed to be treated according to its tenets, and it cuts across those who are in the private and public sector. Also, the act is still administered with respect to the Wage and Hour Division of the Department of Labour (DOL).

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There are three types of employment classification and they include, exempt, non-exempt and independent contractor. In exempt type of employment, the employees are supposed to primarily perform work that has not been subjected to any form of overtime provisions that are under the FLSA (Acs, 2004). FLSA does not support anything that has to do with overtime, and therefore it exempts the employees from the same. In this type of employment, the employees are also not allowed to take part in activities that will endanger their lives regardless of the fact that they will be paid by the management or not. In that case, it means that the employees only take part in activities that are in line with provisions of the law and the kind of pay that they get is also settled by the law. The positive aspect of this form of employment is that it facilitates better forms of compensations to all regardless of the positions that they hold. The negative aspect that it bears is that the employees are not free to exercise any overtime services as they will not be paid even if they want to.

On the other hand, the non-exempt is similar to the exempt when looked from the perspective of the kind of work that they do and also the kind of pay that they get. In this case, there is the difference that exists between non-exempt and exempt in that in non-exempt, the workers spend more time at work as the aspect of overtime is supposed by the FLSA. The employee is therefore supposed to work for overtime, but he or she is supposed to be paid for that. The university employees work under this type of employment as they are supposed to stay at work until the management feels that everything has been accomplished according to the set goals (White & Vanc, 2010). The main advantage or positive aspect of this form of employment is that it allows the employees to be compensated if they happen to take part in an activity that was not in the contract. The negative aspect of this employment is that employees are restricted from getting payments if they fail to work for overtime if it is a mandate of the organization.

Some tests are run to determine whether employment is exempt or non-exempt. Some of them are the executive test, the profession test, the administrative test, the outside sales test and the computer test. Those who qualify to work under the exempt employees are supposed to be able to manage all the issues that are connected to the enterprise, and they are also given the opportunity to hire or fire some employees in that line (Scherer, 1967). On the other hand, those who qualify for non-exempt are those who cannot practice independent judgment when it comes to issues that are of much significance to the organization. In that case, it means that those who are in the exempt form of employment enjoy more benefits as compared to those who are in non-exempt.

There is also the independent contractor form of employment which entails a situation where a person or business takes part in the provision of goods and services to different entities under some terms that supports the running of activities. In this case, the person of business is free to either work for overtime or not as they are the ones who determine the kind of pay that they will get. In that case, FLSA has not put in place too many rules that are supposed to be followed under this form of employment. This form of employment has got an advantage in that the forms of compensation that have been put in place vary depending on the workload. Also, the E-benefits can be seen from the state where the employees can get there issues handled from an online perspective (Scherer, 1967). The negative aspect of this form of employment is that it does not facilitate changes that have been put in place by FLSA regardless of the hardships that come along.

All the three employment classifications are guided by the FLSA which makes sure that the needs of employees are handled in the right manner. The compensation in that aspects differs in all of them, but this is also guided by the rules and regulations set up by the specific organizations. Also, they are similar when looked from the e-benefits that are attached to all the employees in that line.

• Incidence of Full time They are still exempted if the pay is on a salaried structure They are still non-exempt if the pay goes below the boundary that has been set by the organization. They are either exempt or non-exempt depending on the rules.
• Incidence of Part time They are still exempted if the pay is on a salaried structure They are still non-exempt if the pay goes below the boundary that has been set by the organization. They are either exempt or non-exempt depending on the rules.

Jobs by definition Teachers, lawyers, government jobs Hourly paid jobs, customer service representatives, cleaning staff Teachers, lawyers, government jobs, Hourly paid jobs, customer service representatives, cleaning staff

References

Acs, Z. (2004). "Employment growth and entrepreneurial activity in cities." Regional Studies, 38(8), 911-927

Scherer, F. M. (1967). Market structure and the employment of scientists and engineers. The American Economic Review.

White, C., & Vanc, A. (2010). "Internal communication information satisfaction, and sense of community, and sense of community: The effect of personal influence." Journal of Public Relations Research, 22(1). 65-84