пятница, 3 мая 2013 г.
Second, the employer must establish that the employee customarily and regularly directs the work of
Assistant Managers working at Enterprise rental car company have settled a case for almost $8 million. The lawsuit involved Enterprise s failure to pay the assistant rental managers overtime wages. Enterprise classified its regional assistant rental managers as exempt from overtime regulations under the Fair Labor Standards Act.
A three part test is used to determine whether managers are exempt under federal law from receiving overtime. First, to prove that its employees meet the duty test, an employer must establish that the primary, or most important, duty of the employee is managing employees as opposed to managerial duties simply constituting an additional duty with which the employee is tasked. Management pc cheats for midtown madness 2 duties include work such as: interviewing and training of employees, setting and adjusting employees' rates of pay and hours of work, directing the work of employees, evaluating employees' work, dealing with employee complaints, disciplining employees, planning the work, assigning work, and controlling the budget.
Second, the employer must establish that the employee customarily and regularly directs the work of two or more employees. The employees must be either full-time employees or the employees directed must be the equivalent of two full-time employees. To exclude the employees from receiving overtime, the employee must actually direct the employees and may not merely assist in directing them.
Finally, in order for the executive exemption to apply, the employee must have the authority pc cheats for midtown madness 2 to hire and fire employees or the authority to make decisions or recommendations with respect to changes in employment status that are given "particular weight," his or her opinion as to the hiring and firing of employees must be given "particular rate." Even if the employee does not have the ultimate authority to hire and fire, the executive exemption can apply to him or her. The employee must be able, though, to make more than just an occasional suggestion as to the hiring or firing of the employees that he or she manages.
If you are a rental car company assistant manager, or any assistant manager, and you are not receiving overtime pay, please contact us if you would like us to evaluate whether you may be improperly denied overtime pay.
Woodley McGillivary is a top-rated law firm devoted to protecting and enforcing the rights and interests of labor organizations and employees in both the public and private sectors. Established over 50 years ago in the nation's capital, Woodley McGillivary's practice is national in scope.
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