Employement Law

Memorandum To: Human Resource Director From: Date: phratry 25, 2012 Subject: profound Analysis and possible liability orbit This memorandum looks at exploit alleging that the caller has violated the bring together push Standards form of 1983 (FLSA) 29 U.S.C. § 207(a), and unseasoned York state practice of law of nature by failing to lucre the plaintiff, George Michael, all overtime wages. Michael is use by the lodge, Vision Media, as a regional conductor of gross revenue responsible for(p) for generating publicize gross sales for the company, which comprises the volume of revenue for the company. The company has a sales provide responsible for selling advertising space; a selling provide responsible for creating promotional activities and materials that will 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 exempt from receiving ov er time remuneration Issue The legal issues in this case is whether not remunerative Michael overtime settle constitutes discrimination on non-payment of overtime pay as stipulated in Fair Labor Standards Act of 1983 (FLSA) 29 U.S.C. § 207(a), or is he an exempt employee performing administrative duties and thus not liable for overtime pay.

Rule The Fair Labor Standards Act of 1983 requires that employees working overtime in excess of xl hours per hebdomad must be compensated one and a fractional times their regular pay per hour worked (FLSA, Id. § 207(a)). This law though does not apply to some employees including administrative employees (FLSA, Id. § 213(a) (1). The New Yo rk vow laws also enforce these exemptions ! by cover that employees should be paid their overtime dues subject to the FLSA provisions. In this case scenario, the company bears the send of proving that Michael falls within the exemption (Chatfield v Childrens Services, 2008) showing that he was an administrative employee. Application An administrative employee as defined by rules promulgated by...If you want to get a full essay, order it on our website: OrderEssay.net

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