Legal Issue

Legal Issue

Nature and facts of the case

In the case involving the claims of the exempt department manager regarding claims of overtime, the probability of winning the case is 100 percent as her claims can be proven null and void in the court. The lawsuit is of little threat and has been taken by the ex employee with little consideration about the laws governing the overtime dues. Such a case poses no threat at all to the company and is liable to be easily won.

The facts underlining this case are that the laws related to the overtime dues are governed and regulated by the fair Labor Standards Act of 1938 (FLSA). It has undergone some amendments with time, but all these steps have been taken to ensure that the employees remain protected and that they are reimbursed the overtimes that they have worked for. Employment attorneys are very good at extracting the legal amount from the employers, but however, in this case, the lawyer or attorney of the ex employee does not have a strong case to begin with. It is most likely that she would approach the FLSA employment law to deal with the situation. In case she decided to file a law suit, the situation would not be much different (www.flsa.com).

Probability of winning or losing

The FLSA law outlines that employees who work overtime are liable to be paid. However, there are two separate and distinct categories of employees who are supposed to be paid or not. With regards to the payment of law, the two different categories of employees that have been identified by the law are the exempt employees and the non exempt employees. The exempt employees' category involves those who are holding high level positions or positions that are involved in taking administrative decisions or executive decisions. It applies to those employees who are involved in the hiring or firing of the employees of the company. According to the FLSA employees, these employees are categorized to be full time and whole year employed employees who meet the qualification of exempt employees. Since the ex employee is an exempt employee and a department manager, it is very much established that she is involved in executive decisions and in the decisions related to the hiring and firing of employees. As a result, she will be classified as an exempt employee. According to the law, exempt employees are not ...