Employement Law

Memorandum To: Human Resource Director From: Date: family 25, 2012 Subject: profound Analysis and possible liability screen background This memorandum looks at exploit alleging that the telephoner has violated the honorable travail Standards form of 1983 (FLSA) 29 U.S.C. § 207(a), and new-fangled York state impartiality by failing to lucre the plaintiff, George Michael, all overtime wages. Michael is engaged by the confederation, Vision Media, as a regional coach of gross revenue creditworthy for generating publicize sales for the company, which comprises the majority of revenue for the company. The company has a sales provide responsible for selling advertising space; a selling staff 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 over ti me stipend Issue The legal issues in this case is whether not mercantile Michael overtime profit 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 and then not liable for overtime pay.

Rule The Fair Labor Standards Act of 1983 requires that employees working overtime in excess of 40 hours per hebdomad must be compensated one and a fractional times their regular pay per hour worked (FLSA, Id. § 207(a)). This righteousness though does not apply to some employees including administrative employees (FLSA, Id. § 213(a) (1). The New York vow laws also enforce these exemption! s 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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