Bundle: The Legal Environment Of Business: Text And Cases, 10th + Mindtap Business Law, 1 Term (6 Months) Printed Access Card
10th Edition
ISBN: 9781337374835
Author: CROSS
Publisher: CENGAGE L
expand_more
expand_more
format_list_bulleted
Concept explainers
Question
Chapter 20, Problem 1RE
Summary Introduction
Case summary:A person RS is working as a traveling salesperson for a person AW. The sales of RS constituted ninety-percent of RS work time. The person RS works 50 hours per week but was not paid for the extra hours. The new supervisor CB has claimed that the person RS has been inflating the sales call which is reported and should submit to a polygraph test. The person RS submitted a letter from his wife’s physician to the person AW which stated that she is ill and is in need of daily care. RS is taking leave of several months to take care of his wife. The person AW has sixty-three employees at the time. The person RS was terminated from his position as the position was merged with the adjacent territory.
To find: The legal right to receive payment for overtime work.
Expert Solution & Answer
Explanation of Solution
The Fair Labor Standards Act (FLSA) makes it mandatory for the employer to provide over-time pay to those employees who happen to work over forty hours in a week. The over-time pay is 1.5 times his or her regular pay. In the above case, the person RS was giving ninety-percent of the work time to sales of AW who is an outside salesperson. FLSA states that administrative, executive, and professional employees along with outside salespeople are exempted from FLSA’s overtime provision. Executive and administrative employees are those who exercise discretion and have independent judgment. The person RS is an administrative employee who will be relieved from FLSA's overtime provisions.
Want to see more full solutions like this?
Subscribe now to access step-by-step solutions to millions of textbook problems written by subject matter experts!
Students have asked these similar questions
Interactive Data Corp. hired Abdullah as an assistant product manager at a starting salary of $18,500. Over the next six years, Interactive steadily promoted Abdullah until he became Los Angeles branch manager at a salary of $56,116. Interactive’s officers repeatedly told Abdullah that he would have his job as long as his performance was adequate. In addition, Interactive distributed an employee handbook that specified “termination guidelines,” including a mandatory seven-step pre-termination procedure. Two years later, abdullah learned that his recently hired supervisor, Nargis, was under investigation by the FBI for embezzlement at his previous job. Abdullah reported this to Interactive officers. Shortly thereafter, Interactive fired Abdullah. He sued, claiming that Interactive could fire him only for good cause, after the seven-step procedure.
Valid contract Criteria : ( Offer, Acceptance, Consideration, Legality, Capacity, Consent, Writing)
A). What possible information and…
Mark Young is the head of the painting department in a large hospital; 20 union employees report to him. Before coming on board at the hospital, he had worked as an independent contractor. At the hospital, he took a position that was newly created because the hospital believed change was needed in how painting services were provided.
Upon beginning his job, Mark did a 4-month analysis of the direct and indirect costs of painting services. His findings supported the perceptions of his administrators that painting services were inefficient and costly. As a result, Mark completely reorganized the department, designed a new scheduling procedure, and redefined the expected standards of performance.
Mark says that when he started out in his new job he was “all task,” like a drill sergeant who didn’t seek any input from his subordinates. From Mark’s point of view, the hospital environment did not leave much room for errors, so he needed to be strict about getting painters to do a good job…
Samantha is a nursing assistant in a retirement home run by Pinewood Home Care, Inc. She works at least 50 hours every week. After looking at her payroll stubs for the past six months, Samantha concludes that she has not received her share of overtime pay. With the help of a friend in the payroll department, Samantha learns that Pinewood has classified her as a temporary employee. No overtime pay is the result of that classification. Samantha complains to her supervisor, but her Pinewood makes no changes.
Is Samantha entitled to overtime as a nursing assistant? If not, why not? If Samantha is entitled to overtime, where is the most appropriate place to pursue legal options to recover her overtime and what steps should she take to do so
Response prompt (if appropriate): After posting, respond to two classmates. In each response, agree or disagree with the suggested conclusion and provide alternatives. Provide sources where appropriate.
Chapter 20 Solutions
Bundle: The Legal Environment Of Business: Text And Cases, 10th + Mindtap Business Law, 1 Term (6 Months) Printed Access Card
Knowledge Booster
Learn more about
Need a deep-dive on the concept behind this application? Look no further. Learn more about this topic, subject and related others by exploring similar questions and additional content below.Similar questions
- Kofi and Ama are both colleagues in an organization working in the Finance and Marketing department respectively. Ama sent an email to Kofi indicating the annual budget for securing funds for sales and advertising campaign by the Marketing Unit.Kofi replied to the email stating that the budget provided by Ama cannot be met. Ama, declined to reply to the email and then started accusing Kofi in the midst of other workers the next day.Use the above scenario to answer the following questions: a) Identify and explain within the context of the above scenario the basic steps to effective communication which was adopted by Ama in communicating with Kofi.b) Do you think Ama is right for accusing Kofi for his reply? Justify your answerarrow_forwardWill is an appraiser. He accepts compensation based on the value of the property he is appraising. In doing so, Will: violated FHA ethics standards violated USPAP ethics standards followed FHA ethics standards followed USPAP ethics standardsarrow_forwardBryan is a purchaser for Ace Widgets. Bryan’s brother-in-law is a salesperson for Niche Electronics, one of Ace’s largest suppliers. Bryan told his supervisor about the relationship, and she approved his ordering of supplies from his brother-in-law as long as the purchases were reviewed by a senior manager. Bryan did not receive any favor or money from his brother-in- law in return for the sales. A year after Bryan discussed the situation with his supervisor, Ace’s management discovers that another supplier offers the same parts as Niche Electronics but at cheaper prices. Ace Widgets is considering suing Bryan for conflict of interest. Which of the following is the most accurate statement about Ace’s chances of success? Choices: A. Ace’s chances are good because it could have gotten the supplies at a lower price. B. Ace’s chances are poor because Bryan did not actually receive any money from his brother-in-law for sending him business. C. Ace’s chances are poor because the company was…arrow_forward
- Michelle Vinson was an employee of Meritor Savings Bank for approximately four years. Beginning as a tellertrainee, she ultimately advanced to the position of assistant branch manager. Her promotions were based solely upon merit. Sidney Taylor, a vice president of the bank and manager of the branch office in which Vinson worked, was Vinson’s supervisor throughout her employment with the bank. After the bank fired Vinson for her abusive use of sick leave, Vinson brought an action against Taylor and the bank, alleging that during her employment, she had “constantly been subjected to sexual harassment” by Taylor in violation of Title VII of the Civil Rights Act of 1964. Vinson stated that Taylor repeatedly demanded sexual favors from her, fondled her in front of other employees, and forcibly raped her on a number of occasions. Taylor and the bank categorically denied Vinson’s allegations. Does the conduct constitute sexual harassment? Explain.arrow_forwardFollowing a decline in cigarette sales, L & M, Inc., hired J. Gfeller as vice president of sales and charged him to turn around the sales decline. After receiving an analysis of the ages of sales personnel and first-line management, Gfeller and his assistant, T. McMorrow, instituted an intensive program of personnel changes that led to the termination of many older managers and sales representatives. A top manager who sought to justify keeping an older manager was informed that he was “not getting the message.” Gfeller and McMorrow emphasized that they wanted young and aggressive people and that the older people were not able to conform or adapt to new procedures. R. E. Moran, who had been rated a first-rate division manager, was terminated and replaced by a 27-year-old employee. Gfeller and McMorrow made statements about employees with many years’ experience: “It was not 20 years’ experience, but rather 1 year’s experience 20 times.” The EEOC brought suit on behalf of the…arrow_forwardRiggleman just graduated from college with his Master's in education and philosophy. Looking for his first job to help pay student loans, Riggleman applies for a teaching position at the Roanoke Roman Catholic Church's main high school. Riggleman, not a believer in God, doesn't care what subject he teaches, as long as it pays well. The hiring manager at the church school, Bob Balboa, tells Riggleman the church cannot hire Riggleman for the one open position as an assistant priest position that doubles as a teacher. In that position, the priest/teacher officiates at all of the school's religious ceremonies and also serves as a reduced load teacher (two classes instead of the usual five classes). Balboa tells Riggleman he cannot be considered for the opening because Riggleman is not Roman Catholic. Riggleman sues Balboa for discrimination under Title VII. What is the likely outcome? - Balboa wins because Riggleman does not have standing since he was never an employee Balboa wins because…arrow_forward
- The provision of the Family and Medical Leave Act that entitles employees to take up to 12 weeks of unpaid, job-protected leave for the birth of a child only applies to women. True or falsearrow_forwardJoan Leikvold was hired by Valley View Community Hospital as an operating room supervisor in 1972. She did not have a contract for a specific duration, nor was she told that the hospital would not discharge her except for cause. She was provided with a policy manual and told that the policies were to be followed in her employment relationship with the hospital. In 1978, she became the director of nursing. In October 1979, she requested a transfer back to her former position in the operating room. The chief executive officer (CEO) felt that it was inadvisable for someone who had been in a managerial position to take a subordinate position. Leikvold withdrew the transfer request but was subsequently fired. Her personnel record indicated “insubordination” as the reason for discharge. Leikvold was an at-will employee. At-will means that there is a contract made for an indefinite duration and either party, employer or employee, may terminate the contract at any time for any reason, or…arrow_forwardStephen began working for a retail distributor in Mandeville two weeks ago. As a Seventh-Day Adventist, his religious beliefs do not allow him to work on Saturdays, a fact which he made very clear to his employers during his interview. Stephen hopes to attend church this Saturday, but was told by his manager that he needed to show up for work instead, as Christmas was “just around the corner.” His manager advised him that everyone needed to come out and that he would be making no exceptions, as Christmas was the busiest time of the year for the company. His employer further warned him that failure to report for duty on Saturday would lead to his immediate dismissal. Stephen was left in a dilemma. On one hand, he could not afford to lose his new job, particularly as he had been unemployed for the last two years. On the other hand, he was upset by his manager’s demands and threats, and felt discriminated against. A co-worker encouraged him to file a complaint with the company, claiming…arrow_forward
- Stephen began working for a retail distributor in Mandeville two weeks ago. As a Seventh-Day Adventist, his religious beliefs do not allow him to work on Saturdays, a fact which he made very clear to his employers during his interview. Stephen hopes to attend church this Saturday, but was told by his manager that he needed to show up for work instead, as Christmas was “just around the corner.” His manager advised him that everyone needed to come out and that he would be making no exceptions, as Christmas was the busiest time of the year for the company. His employer further warned him that failure to report for duty on Saturday would lead to his immediate dismissal. Stephen was left in a dilemma. On one hand, he could not afford to lose his new job, particularly as he had been unemployed for the last two years. On the other hand, he was upset by his manager’s demands and threats, and felt discriminated against. A co-worker encouraged him to file a complaint with the company, claiming…arrow_forwardIn partnership with American Express, Porter Cable requests that all employees at the rank of supervisor and above apply for a corporate credit card to be used for pay for travel, training and similar expenses. Ima Krimnel, the manager of the distribution center, was issued a corporate card and used it to take her husband to Hawaii for their 20th wedding anniversary. If Krimnel does not pay the charges, is Porter Cable liable? Why or why not?arrow_forwardAmy, a non-licensee, works in the leasing office of a large condo development. She is salaried. As part of her job, she finds tenants for open units. During a slow month, she starts offering current tenants a $30 gift card if they refer a friend who ends up renting a unit. Evaluate whether Amy is violating Chapter 475, F.S.arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage Learning
Accounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education
BUSN 11 Introduction to Business Student Edition
Business
ISBN:9781337407137
Author:Kelly
Publisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...
Business
ISBN:9781337386494
Author:Mary Ellen Guffey, Dana Loewy
Publisher:Cengage Learning
Accounting Information Systems (14th Edition)
Business
ISBN:9780134474021
Author:Marshall B. Romney, Paul J. Steinbart
Publisher:PEARSON
International Business: Competing in the Global M...
Business
ISBN:9781259929441
Author:Charles W. L. Hill Dr, G. Tomas M. Hult
Publisher:McGraw-Hill Education