In a recent testimony, the Society for Human Resource Management (SHRM) told the government that the Fair Labor Standards Act needs to be modernized to allow employers greater flexibility to meet the demands of the current workforce.
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SHRM gave testimony to the U.S. House Education and the Workforce Subcommittee on Workforce Protections at a hearing titled “The Fair Labor Standards Act: Is It Meeting the Needs of the Twenty-First Century Workplace?”
The Fair Labor Standards Act (FLSA) "reflects the realities of the industrial workplace of the 1930s and not the workplace of the 21st century," said Nobumichi Hara, a human resource executive and SHRM member. "Minimum-wage policies and overtime exemption requirements, which may have been appropriate in the 1930s, are out of step with the current knowledge- and technology-based economy, creating unnecessary regulatory burdens for employers and restricting employers’ ability to be flexible and address contemporary employee needs."
Speaking on behalf of SHRM, Hara told members of the subcommittee that the FLSA does not permit employers to provide the workplace flexibility benefits — flextime, telecommuting and compressed workweeks.
"While nonexempt employees can receive time-and-a-half pay, they cannot be afforded the same workplace flexibility benefits as exempt employees," he added.
Reform of the FLSA, he said, would encourage employers to better meet the needs of their employees.
The Society committed to members of the subcommittee to work with Congress to modernize the FLSA in a way that balances the needs of both employees and employers and does not produce unnecessary and counterproductive requirements.
SHRM's full testimony is available online.