Rick Saldona began working as a traveling salesperson for Aimer Winery in 2008.
ID: 2473192 • Letter: R
Question
Rick Saldona began working as a traveling salesperson for Aimer Winery in 2008. Sales constituted 90 percent of Saldona’s work time. Saldona worked an average of fifty hours per week but received no overtime pay. In June 2014, Saldona’s new supervisor, Caesar Braxton, claimed that Saldona had been inflating his reported sales calls and required Saldona to submit to a polygraph test. Saldona reported Braxton to the U.S. Department of Labor, which prohibited Aimer from requiring Saldona to take a polygraph test for this purpose.
In August 2014, Saldona’s wife, Venita, fell from a ladder and sustained a head injury while employed as a full-time agricultural harvester. Saldona presented Aimer’s Human Resources Department with a letter from his wife’s physician indicating that she would need daily care for several months, and Saldona took leave until December 2014. Aimer had sixty-three employees at that time. When Saldona returned to Aimer, he was informed that his position had been eliminated because his sales territory had been combined with an adjacent territory. Using the information presented in the chapter, answer the following questions.
1.Would Saldona have been legally entitled to receive overtime pay at a higher rate? Why or why not?
2.What is the maximum length of time Saldona would have been allowed to take leave to care for his injured spouse?
3.Under what circumstances would Aimer have been allowed to require an employee to take a polygraph test?
4.Would Aimer likely be able to avoid reinstating Saldona under the key employee exception? Why or why not?
Explanation / Answer
Answer:1 Yes. Employees who work more than forty hours per week normally must be paid 1.5 times their regular pay for all hours over forty. An employer cannot deny overtime wages to an employee based on the employee’s job title.
Answer:2 The FMLA requires employers who have fifty or more employees to provide employees with up to 12 weeks of unpaid family or medical leave during any twelve-month period. An employee can take medical leave when the employee or the employee’s spouse, child, or parent has a serious condition requiring care.
Answer:3 Congress passed the Employee Polygraph Protection Act, which prohibits employers from requiring or causing employees or job applicants to take a lie-detector test or suggesting or requesting to do so.
Answer:4 A key employee is a salaried employee who is among the highest paid 10% of all the employees employed by the employer. Aimer would have to hire Saldona, because 90% of the company’s sales came from him. Most of the money the company makes, comes from his department, aka him.
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