Question
MEMORANDUM OF LAW A crucial part of the paralegal's duties include preparing Memoranda of Law. The attorney will give the paralegal the facts of the
MEMORANDUM OF LAW A crucial part of the paralegal's duties include preparing Memoranda of Law. The attorney will give the paralegal the facts of the case and the issues that should be researched. The Memo is often given to a judge in the case to try and persuade the judge of the rightness of the attorney's position. Therefore, it is your turn to prepare a Memorandum of Law. Based upon Fact Situation # 4 and the three cases that follow in the Course Supplement, please prepare a memo. A Memorandum of Law contains certain components. They include the following: To: (the person to whom the memo is being prepared for) From: (your name) Re: (the case this is being written for) Facts: (a Brief summary of the crucial facts should be written down) Issues: (the issues that are being research should be written down) Analysis: (the cases that. are research are briefly described. 2-3 sentences should be written about each cases that you are using. The court holding in each case should be set down. The reasoning of why the. attorney should be able to apply this case to the case at hand should be set forth. Conclusion (a brief summary of why the attorney can argue the above issues based upon the law that you found to support the position.) This assignment is worth 60 points.
HOMEWORK ASSIGNMENT 43 Ronald Smith is employed as an assistant manager for the GAP. He works at the store in the Westfield Shopping Center in Skokie, Illinois. His duties include supervising 4 employees who work the weekend shift. He schedules their hours and tells them what section to' work in each day. Further, when a new employee is hired, it is Ronald's job to train the new employee. However, Ronald has no authority to discipline any of the employees, nor can.he fire them. He can tell the manager, Peter Cooper, of problems with any employees as well as good work done by any employees. Ronald does not have responsibility with respect to buying for the store, He occasionally assists Peter with management reports and inventory. He often will attend management meeting in Peter's place. However, all of the major decisions for the store are within Peter's sole discretion. When Ronald was hired, lie was told he was a salaried employee and would receive $45,000.00 per year. Because of the good economy, the store is busier than ever. Peter has repeatedly asked Ronald to work more than 40 hours per week. In fact, Ronald is working an additional 10-15 hours extra each week. However, because he is a salaried employee, he has not received any overtime compensation. Ronald was complaining to one of his friends about the hours he is working. The friend remarked that Ronald must be raking in the dough with all of the overtime he is making. Ronal says that he is a salaried employee and is not getting overtime. This conversation begins to m Ronald wonder whether he is entitled to be paid for all of the overtime he has worked. Ronald comes to the law office where you work. The attorney who has interviewed Ronald asks you to prepare a 5 page memorandum, typewritten, double spaced explaining whether Ronald is entitled to be compensated for his overtime work. Your paper should include a discussion of the provisions of the Fair Labor Standards Act that apply to this situation. Please discuss exempt workers vs. non-exempt workers. Discuss what factors come into play in deciding whether Ronald is exempt or non-exempt. What category does he fall into? You must cite at least 3 cases to support your position. You may cite all Illinois cases O] all federal 71h circuit cases. You cannot mix the two. All cases should be decided after 2016. The assignment is worth 60 points. You will be graded on your analysis of the situation, cases cited and form, spelling and grammar.
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