Legal Analysis Memo

940 Words4 Pages
Memorandum To: Human Resource Director From: Date: September 25, 2012 Subject: Legal Analysis and possible liability Background This memorandum looks at action alleging that the company has violated the Fair Labor Standards Act of 1983 (FLSA) 29 U.S.C. § 207(a), and New York state law by failing to pay the plaintiff, George Michael, overtime wages. Michael is employed by the company, Vision Media, as a regional director of sales responsible for generating advertising sales for the company, which comprises the majority of revenue for the company. The company has a sales staff responsible for selling advertising space; a marketing 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 therefore exempt from receiving over time pay Issue The legal issues in this case is whether not paying Michael overtime pay 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 therefore not liable for overtime pay. Rule…show more content…
Under the administrative exemption, an employee is exempted from FLSA overtime pay laws if they are paid at a salary or fee basis of not less than $250 per week; if their “primary duty is performance of non manual or office work directly related to management policies or general business operations of his employer”; and if their duties required “the exercise of discretion and independent judgment,” (FLSA, id §
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