Memorandum



Memorandum

To: The Director, Human Resource, Plato Inc.

From: Mr. John Smith, Human Resource Employee, Plato Inc.

Subject: Compensable Excess Working Hours for HR Employee

Date: 11th Nov, 2012

Cc: Eleventh Court of Circuit, Florida

Background

I, Mr. John Smith am paid a fixed salary for my work at your company regardless of the excess work hours in which I work for the company. The company has regarded me as an exempt employee therefore; they do not have to pay me for the extra working hours after the total of forty hours per week. I want to claim about my extra working hours and their compensation. I have been working in this company for four years. In this way, the company owes me four years of unpaid overtime which needs t is compensated. There should be an appropriate method of calculating the overtime. Earlier, I presented this issue in front of the department head. However, due to non tracking of my working hours, they refused to calculate the amount of excess working hours in which I have worked for the company. For this reason, I have a solution to calculate the compensation of my unpaid period.

The total working hours for a week are forty as determined by the government of United States and the state of Florida. However, the duty timings are more than the total of forty hours a week. My weekly salary should be divided by a total of forty in order to determine the per hour salary rate. Now, multiply the amount with the excess working hours performed by me for the company. I am entitled to get the compensatory time and one half of the actual working hours I have worked for the company on the basis of the regular rate. The salary must cover all the working hours of an employee. In this way, compute the appropriate amount of my excess working hours based on the per hour rate of my job.

The matter has been transferred to the court where it has analyzed the issue of compensation of excess working hours. The court has agreed with my viewpoint and I am entitled as a non exempt employee who gets the fixed salary for the fort hours a week and the remaining excess hours are not unpaid. According to the court, I am entitled for a half time amount of my regular work rate and the company owes me this amount. The specific outcomes of the hearing of the court determines that,

Divide the week's salary by the total numbers of hours in which the employee has worked for the company for each week on the basis of the regular rate

After getting the per hour amount rate, the employee must be paid overtime in lieu of the excess working hours. This amount can be obtained through multiplying the regular rate by the total numbers of overtime hours in which the employee has worked for the company. The court has concluded that the employee must be paid one ...