Nonexempt employee entitled to overtime compensation

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Reference no: EM132280590

Mitchell was employed by the retail clothing chain Abercrombie & Fitch as a manager-in-training (MIT). As an MIT, Mitchell was scheduled to work a fixed, preset, five-day, 40-hour workweek and was paid an annual salary. Other than a high school diploma and general retail experience, there are no specific requirements for the MIT position. Mitchell's daily tasks consisted of a general exposure to principles in retail management including human resource practices and operational tasks such as setting up displays. Mitchell's hours fluctuated from week to week, sometimes well beyond 40 hours, and she argued that she was entitled to overtime compensation under the FLSA.

Respond to the following:

1. Given the stipulated facts, could Mitchell be considered a nonexempt employee entitled to overtime compensation? Why or why not?

2. Would your answer change if Mitchell were promoted to the position of manager? Explain.

Reference no: EM132280590

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