Employement Law

Memorandum To: Human Resource Director From: pick up: September 25, 2012 Subject: gruelling Analysis and possible obligation Background This memorandum looks at motion alleging that the fellowship has violated the fresh promote Standards form of 1983 (FLSA) 29 U.S.C. § 207(a), and advanced York state righteousness by failing to conduct the plaintiff, George Michael, all overtime wages. Michael is occupied by the order, Vision Media, as a regional music director of gross revenue answerable for generating publicize gross revenue for the company, which comprises the judicial age of revenue for the company. The company has a sales provide obligated for selling advertising dummy; a selling cater responsible for(p) for creating promotional activities and materials that give increase advertising sales and an editorial staff responsible for the contents produced by the media. The company believes that he is an administrative employee and because unloose from receiving over time stipend Issue The legal issues in this case is whether non remunerative Michael overtime pay constitutes discrimination on non-payment of overtime pay as stipulated in Fair Labor Standards execute of 1983 (FLSA) 29 U.S.C. § 207(a), or is he an exempt employee performing administrative duties and therefore not unresistant for overtime pay.

Rule The Fair Labor Standards Act of 1983 requires that employees working overtime in excess of cardinal hours per hebdomad must be compensated one and a fractional times their mend pay per hour worked (FLSA, Id. § 207(a)). This integrity though does not yield to some employees including administrative employees (FLSA, Id. § 213(a) (1). The New York vow laws also levy these exemptions by cover that employees should be paid their overtime dues force field to the FLSA provisions. In this case scenario, the company bears the send of proving that Michael falls inside the exemption (Chatfield v Childrens Services, 2008) showing that he was an administrative employee. Application An administrative employee as specify by rules promulgated by...If you involve to get a plenteous essay, order it on our website: Ordercustompaper.com

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