Subject: Uzumi overtime case
Good morning, Tom.
As you requested in my office on Wednesday, I have analyzed Uzumi’s claims for breach of contract and breach of the overtime provisions in the Illinois Labor Code. I have concluded that the vast majority of your Illinois part-time supervisors are not exempt, because they do not satisfy either (a) the “duties” tests that apply prior to September 1, 2017, or (b) the “minimum salary” tests that apply after September 1, 2017.
Some good news: For the future and perhaps for much of the liability period, AMP should be able to maintain its current salary structure, without having to pay for each non-overtime hour worked.
Because of my findings, I recommend you implement the following steps immediately:
- redraft all recruiting, offer, and orientation documents to include clear language that part-time supervisors receive fixed salaries for varying amounts of non-overtime work;
- make sure that the salaries you pay to part-time supervisors fairly compensate them for the anticipated average weekly hours of work on their shifts;
- consider a base rate linked to the anticipated average daily work hours of each part-time supervisor;
- have all part-time supervisors complete time cards, either hard copy or electronic; and
- devise a strategy to communicate these changes to current part-time supervisors and their managers.
Let me explain further.
Next week, in Part VII of the WordRake series How to Write the Perfect Memorandum, we will show you how to streamline your memorandum to a client by removing the clutter most of us put between the client and the client's understanding.
About the Author
Gary Kinder has taught over 1,000 writing programs for the American Bar Association, the Social Security Administration, PG&E, Kraft, Microsoft, and law firms like Jones Day, Sidley, and WilmerHale. His critically-acclaimed Ship of Gold in the Deep Blue Sea hit #7 on the New York Times Bestsellers List.