Legal Memo Nancy's Suit Against Abc Corp

Legal Memo

TO: ABC Corporation

FROM: Law offices of Will McEvoy

RE: Nancy filing a suit against ABC Corporation for overtime compensation and breaks/lunch.

DATE: May 14, 2014

Proposed Question:

Will Nancy prevail in her lawsuit against ABC Corporation regarding overtime pay and proper allotted time for breaks and lunch?

Short Answer:

Yes Nancy will prevail in her lawsuit against ABC Corporation. Illinois law requires a minimum 20 minute lunch and two 15 minute breaks throughout an 8 hour work day. Furthermore the FLSA requires that overtime be paid for workers working more than a 40 hour work week that are exempt employees. If Nancy filed a suit she would win on all counts.

Facts:

Nancy works in one of ABC’s Illinois warehouses on an hourly basis. She has no supervisory responsibilities. According to Nancy, due to recent layoffs, the remaining employees are working extra hours without proper compensation. Her direct supervisor has, on more than one occasion, limited her lunch to 15 minutes and instructed her and other employees not to take their allotted 2 breaks of 15 minutes each. He has gone so far as to make them clock out and then clock back in without actually allowing time off. She claims she has worked at least one hour later each day in order to help with the overload. She has been promised that when things slow down, she can take some time off with pay. She has demanded payment of her overtime instead of time off and threatens suit if her demands are not met.

Cases Supporting Legal Opinion:

Shannon Lee V. THR & Associates (3:2012cv03078) – THR refused to pay overtime so the plaintiff sued based on legal statute Fair Labor Standards Act - 29 U.S. Code § 207. Shannon Lee was working 50 hours per week and this did not account for her lunch breaks and unpaid breaks. Therefore she sued for the 10 hours extra per week that she was working over the period of time she had not been paid. She won the claim and was awarded back pay for...