Consider this situation: Sally Strutters is a supervisor of 20 people at Nettie’s Bakery. Sally’s role is to ensure that all of the baked goods are made fresh daily, the old goods are sent to the local homeless shelter while still fresh, according to the company’s charity policy, and the bakery is run in a safe and efficient manner.
Sally is a salaried worker who makes about $23,000/year ($1915/month). Her employees are hourly workers, and make between $10 and $13/hour, and work no more than 40 hours/week (Monday–Saturday). It is Sally’s job to ensure that no one works more than 40 hours, since the owner does not want to pay overtime. Her role is considered management—she is the only manager in the business.
During three weeks of August however, things fall apart. Employees take vacation, get sick, and four, $13-per-hour earners end up working in excess of 40 hours each of the weeks. Plus, Sally works 52 hours the first week, 57 hours the second, and 60 hours during the last week to cover for the missing workers.
You are the HR consultant who handles the pay for the organization, and you realize, when you get the hours for this period, that you need to factor in overtime for some of the employees. Meanwhile, you are notified that Sally’s wages should be garnished because a furniture company had sued her for nonpayment of purchases she made. The garnishment has been determined to be legitimate and requires that you submit payments to the judgement holder. You write a note to the owner asking for guidance and providing her with your knowledge and information. The owner sends you a note that says, “Pay the overtime, throw away the garnishment order, and fire Sally.”
Post a thoughtful and scholarly response in APA format 350 words based on research this that addresses the following:
- Analyze, based on the FLSA and any overtime regulations (as of the date of the posting), who in this scenario is entitled to overtime pay. Explain your rationale.
Note: You will need to access the Department of Labor (DOL) page on overtime (https://www.dol.gov/whd/overtime_pay.htm). Regulations change regularly, so you will need to research what they are, and ensure you are using the most recent rules on overtime.
- Describe how firing Sally after receiving the garnishment order might be problematic and why.