Martinsville, Virginia Davis v. Food Lion (4th Cir. 1986)
In the above mentioned case Davis is the plaintiff while Food Lion Incl. is the defendant. Jerry s. Davis is an employ of Food Lion Incl. as a meat market manager. The dispute between the two parties arose on the ground that Davis felt that his right as an employee was being infringed by Food Lion Incl. Davis claimed that he was not compensated for the overtime he worked for in pursuit of meeting the set target by the effective scheduling system dictating the weekly volume to be processed.
Food Lion incl. on his part claims that it has a policy which prohibits her employee from working overtime. Therefore, if Davis worked overtime, it was from his wish since he was aware of the policy. The defendant claims though Davis was the meat market manager at the north Carolina branch he used to work at used to work at Martinsville, Virginia sometimes and he was warned about the overtime by the supervisor but he chose to ignore, maybe because he enjoyed his job and …show more content…
The law that is being litigated is the fair labor standards Act section 7(a). The act states the circumstances on which an employee can do overtime and the reward for the overtime. The act categorically states that for overtime to be effective there must be an agreement between the employer and employee. For them to come up with terms, that will be binding between them, concerning the overtime. The law however put he limits on the amount of reward the employee shall receive from the employer. The amount should not be less than one hundred and fifty percent as compared to what one earns per hour on a regular pay. This law ties to bring harmony between the employee and employer regarding overtime. Over the years prior to the enactment of this law, employers misused labor by using their employees as slaves, thus the government found it necessary to develop a legal framework that will ensure smooth operation and relation at
In the above mentioned case Davis is the plaintiff while Food Lion Incl. is the defendant. Jerry s. Davis is an employ of Food Lion Incl. as a meat market manager. The dispute between the two parties arose on the ground that Davis felt that his right as an employee was being infringed by Food Lion Incl. Davis claimed that he was not compensated for the overtime he worked for in pursuit of meeting the set target by the effective scheduling system dictating the weekly volume to be processed.
Food Lion incl. on his part claims that it has a policy which prohibits her employee from working overtime. Therefore, if Davis worked overtime, it was from his wish since he was aware of the policy. The defendant claims though Davis was the meat market manager at the north Carolina branch he used to work at used to work at Martinsville, Virginia sometimes and he was warned about the overtime by the supervisor but he chose to ignore, maybe because he enjoyed his job and …show more content…
The law that is being litigated is the fair labor standards Act section 7(a). The act states the circumstances on which an employee can do overtime and the reward for the overtime. The act categorically states that for overtime to be effective there must be an agreement between the employer and employee. For them to come up with terms, that will be binding between them, concerning the overtime. The law however put he limits on the amount of reward the employee shall receive from the employer. The amount should not be less than one hundred and fifty percent as compared to what one earns per hour on a regular pay. This law ties to bring harmony between the employee and employer regarding overtime. Over the years prior to the enactment of this law, employers misused labor by using their employees as slaves, thus the government found it necessary to develop a legal framework that will ensure smooth operation and relation at