Case Analysis : Mitchell V. Abercrombie & Fitch Essay
In Mitchell v. Abercrombie & Fitch, Co. the petitioner proposed a case against Abercrombie & Fitch stating that the defendant has violated both the Fair Labor Standards Act and the Ohio Minimum Fair Wage Standards Act. The plaintiff, Melissa Mitchell, has decided to pursue a lawsuit on behalf of herself as well as other affected members. The specific violations that arise from these two acts stem from Abercrombie & Fitch’s negligence with regards to paying Managers-in-Training and Assistant Managers the proper raised compensation of overtime pay (428 F.Supp.2d 725 (2006)).
It is noted that during her time working at Abercrombie & Fitch, Ms. Mitchell did earn more than the minimum wage (428 F.Supp.2d 725 (2006)). She was paid an additional half time for all hours worked over forty per work-week. Abercrombie & Fitch’s main defense point relies on the fact that Ms. Mitchell did not work consistent work weeks, ranging from over to under forty hours on any given week. In the case of working under the mandated forty hour week, Abercrombie & Fitch paid Ms. Mitchell as if she had worked the full time.
Ms. Mitchell has made her assertion based on the Fair Labor Standards Act. This act states that each employee who has worked over forty hours should be granted time and a half pay. However, this did not occur, as Ms. Mitchell spent many overtime hours working as a Manager-in-Training and was not paid the corresponding time and one-half amount (428 F.Supp.2d 725…