Question
TLFY's support staff includes Erin, an administrative assistant who works for two senior partners, including Bruce. Unlike the younger attorneys, Bruce and his fellow senior
TLFY's support staff includes Erin, an administrative assistant who works for two senior partners, including Bruce. Unlike the younger attorneys, Bruce and his fellow senior partners rely on their administrative assistants to all correspondence, formal memos, and legal briefs, a task which takes up much of Erin's time. In addition, she screens the two partners' calls, handles their schedules, makes their business and personal travel arrangements, and organizes various aspects of their personal lives, such as making sure that the appropriate gifts, cards, or flowers are sent for family events. Erin is paid a salary of $65,000 and, in accordance with her job description and the original terms of her job offer, has been deemed to be exempt ever since she was hired 10 years ago. Although her work schedule is 9:00 a.m.-5:00 p.m., Monday through Friday, she sometimes works much longer hours and, occasionally, 7 days a week. Erin is not paid overtime because of her administrative assistant title, job description, the terms of her job offer, and her substantial salary.
In light of the course reading (which, as always, includes the Canvas Lesson Commentary) and your independent research about Fair Labor Standards Act remedies, Analyze whether the firm has correctly classified Erin as an exempt employee under the FLSA, describing what TLFY would have to show in order to sustain Erin's exempt status, and explaining to what extent the firm could or could not make that showing. Assuming that Erin has not been properly classified, describe the remedies that she would have pursuant to the FLSA. If additional information would be helpful to your analysis, explain what that information would be and how and why it would impact your thinking.
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