Phase 1 Ip- the Basics of Law and the Court System
Phase 1 IP- The Basics of Law and the Court System
Colorado Technical University
MGM225-1204B-02: Introduction to Business Law
January 27, 2013
Wendy L. McKain
Phase 1 IP- The Basics of Law and the Court System In the case of the employee who claims that she was treated dishonestly by working overtime without being paid. I believe since she was a salaried, exempt department manager in other instance she would not have a case ,but since she did jobs that did not fall within the categories that make her an exempt employee, she has a chance at winning her case in which she is seeking $18,000 in unpaid overtime. Exempt workers are personnel who, centered on the responsibilities executed and the method of payment, are exempt from the FLSA minimum wage and overtime requirements. To be exempt, an employee must qualify under one or more of the following tests: executive, administrative, professional, computer, and highly compensated employee exemption test (UCMerced, 2012). I estimate the company will win $18,000 plus court cost and legal fees if the case goes to court. I believe that the company will end up paying approximately $10,000 dollars for attorney fees at $150 dollars an hour for 65 hours plus court costs. These are estimates of course so it could be lees or more, but we are going to go with the safe answer here.The number of hours lost will be approximately 20 hours you have to have someone present at court, you have to have people copy the paperwork for the case, and you have to have someone who does internal investigations. One of the two unique factors involved in this case is the reason the employee is seeking monies for overtime .The employee is a exempt department manager, but was asked to travel to another site to help set up numerous events for a customer and she believes she should have been paid overtime because it was outside her regular responsibilities. For an employee to be exempt they have to fit within a “The
Colorado Technical University
MGM225-1204B-02: Introduction to Business Law
January 27, 2013
Wendy L. McKain
Phase 1 IP- The Basics of Law and the Court System In the case of the employee who claims that she was treated dishonestly by working overtime without being paid. I believe since she was a salaried, exempt department manager in other instance she would not have a case ,but since she did jobs that did not fall within the categories that make her an exempt employee, she has a chance at winning her case in which she is seeking $18,000 in unpaid overtime. Exempt workers are personnel who, centered on the responsibilities executed and the method of payment, are exempt from the FLSA minimum wage and overtime requirements. To be exempt, an employee must qualify under one or more of the following tests: executive, administrative, professional, computer, and highly compensated employee exemption test (UCMerced, 2012). I estimate the company will win $18,000 plus court cost and legal fees if the case goes to court. I believe that the company will end up paying approximately $10,000 dollars for attorney fees at $150 dollars an hour for 65 hours plus court costs. These are estimates of course so it could be lees or more, but we are going to go with the safe answer here.The number of hours lost will be approximately 20 hours you have to have someone present at court, you have to have people copy the paperwork for the case, and you have to have someone who does internal investigations. One of the two unique factors involved in this case is the reason the employee is seeking monies for overtime .The employee is a exempt department manager, but was asked to travel to another site to help set up numerous events for a customer and she believes she should have been paid overtime because it was outside her regular responsibilities. For an employee to be exempt they have to fit within a “The
References: UCMerced. (2012). Fair labor standards act (flsa). Retrieved from http://hr.ucmerced.edu/compensation-and-classification/fair-labor-standards-act-flsa