Reference no: EM132883314
Donna Turpin was a plumber for AABC Plumbing until she was fired on November 19, 2019 for insubordination after she complained to the Wage and Hour Division of the Department of Labor about FLSA violations.
She had three complaints:
1. She often was required to work 12 hours or more without rest or meal breaks. She worked an average of 50 hours per week.
2. Beginning in September, she was required to train and supervise the 15-year-old son of AABC's owner. The 15-year-old "shadowed" Donna every afternoon from 3:00 to 7:30. She found it distracting and felt she was being used as a "babysitter."
3. She was on-call one weekend each month. These were the rules regarding on-call:
a. From 6:00 PM on Friday until 6:00 PM on Sunday, on-call plumbers were required to be at a customer's home or business within 90 minutes of the call or be terminated. The plumber was paid once he or she arrived at the customer's home or business.
b. The plumber would receive a text message with instructions to call the dispatcher for information on the emergency.
c. If the employee failed to respond within 15 minutes, the dispatcher sent another text and called.
d. If the plumber failed to respond 30 minutes after the first text, the dispatcher called and sent another text.
e. If the plumber failed to respond to the dispatcher within 5 minutes (35 minutes after the first text), the plumber was terminated.
AABC argued that Donna's complaints were groundless because she was a supervisor and earned a salary of $4,500 per month.
Do you believe AABC has violated the FLSA? Support your conclusions.
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