Whalen v. J.P. Morgan Chase

Introduction

Human Resources (HR) is responsible for monitoring employee job classifications. The framework of the job description and job analysis ensures a company is compliant and compensates employees fairly. Companies have two options for determining how to categorize their workers, based on the Fair Standards Labor Act (FSLA); employers must recognize an employee job classification as an exempt employee or non-exempt employee. The guidelines suggest the nature of the work performed by the employee determines which classification a company selects. Certain job classifications warrant an employee to receive overtime pay, if a worker works over forty hours during a workweek, which would require the employer to compensate the worker at a higher rate. This process has had conflicts and legal litigation since its inception. There have been numerous complaints filed by employees who feel their jobs are incorrectly classified, and they should be eligible to receive overtime pay. The case below is an example of a legal action filed against employers. These cases are increasing across the country as employer look for ways to augment their payrolls and main production cost.

Whalen v. J.P. Morgan Chase

The case of Andrew Whalen an employee for JP Morgan Chase, involves a conflict with the FSLA overtime exemption provision. The Case hinged on the classification of work performed by the Whalen. Whalen, a mortgage underwriter with Chase, performed mortgage eligibility and approvals based on predetermined guidelines established by Chase. Whalen filed suit and sought a declaratory judgment from district on the grounds that Chase violated the FSLA overtime provision by treating him as an exempt employee and not paying him overtime. Init...

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...production position. This employee did not use any analytically discernment outside of the parameter set forth by the company, which would constitute the use of judgment or assessments beyond the guidelines of the company. This would validate the appeals court ruling in favor of the appellant and the reversal of the lower court ruling.

Works Cited

Mullens. (2012, September 5). Do I Have to Pay Overtime? The Fair Labor Standards Act and the Financial Services Industry | Williams Mullen. Do I Have to Pay Overtime? The Fair Labor Standards Act and the Financial Services Industry | Williams Mullen. Retrieved May 18, 2014, from http://www.williamsmullen.com/news/do-i-have-pay-overtime-fair-labor-standards-act-and-financial-services-industry

Walsh, D. (2012). Employment law for human resource practice. (4 ed.). Macon: South-Western Legal Studies in Business.