This Month Only! >> $20 off and a FREE SHRM tote with your membership and code TOTE2018!
Sign up for free email newsletters and get more SHRM content delivered to your inbox.
Is your employee handbook keeping up with the changing world of work? With SHRM's Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Build competencies, establish credibility and advance your career—while earning PDCs—at SHRM Seminars in 12 cities across the U.S. this spring.
#SHRM18 will expand your perspective – on your organization, on your career, and on the way you approach HR. Join us in Chicago June 17-20, 2018
Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
A federal trial court allowed a former Wal-Mart employee’s promissory estoppel claim for overtime to proceed, but dismissed his Fair Labor Standards Act (FLSA) and breach of contract claims.
Paul Nightingale worked as a pharmacist for Wal-Mart Stores Incin South Point, Ohio. Nightingale alleged that his supervisor, Dwayne Childers, promised that he would be paid for working overtime hours to address certain problems at the store even though he was a salaried pharmacy manager. Nightingale claimed that after he complained about not getting paid additional compensation Wal-Mart fired him. He filed suit alleging violations of the Fair Labor Standards Act (FLSA) and Ohio law, retaliation under the FLSA, breach of contract, and promissory estoppel. The company moved for summary judgment on all claims.
That trial court explained that under the FLSA, employers were required to pay employees at an overtime rate not less than one-and-a-half times the employer’s regular rate for every hour over forty hours worked in a given week. However, certain professional employees are exempt from the FLSA’s overtime provision. The court found that there was no genuine dispute that Nightingale was a salaried exempt professional employee, so it granted Wal-Mart’s motion for summary judgment as to Nightingale’s FLSA and state law claims for overtime compensation. The court also found that Nightingale’s claims for retaliation and breach of contract failed and granted company’s motion for summary judgment.
Nightingale also claimed Wal-Mart owed him overtime pursuant to the doctrine of promissory estoppel. According to the court, the pharmacist had to show: (1) there was a clear and unambiguous promise, (2) he relied on the promise, (3) his reliance was reasonable and foreseeable, and (4) he was injured because he relied on the promise.
Wal-Mart contended Nightingale’s promissory estoppel claim failed for two reasons First, the company argued there was no clear and unambiguous promise by Childers or anyone else that the pharmacist would be entitled to overtime. However, taking all inferences in favor of the non-moving party, the court found Nightingale had sufficiently established a clear and unambiguous promise.
Second, the company contended the promissory estoppel claim was barred in an at-will employment situation where the employer changed the terms of the employment agreement and the employee acceded to such c
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Please sign in as a SHRM member before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
SHRM Annual Conference & Exposition
SHRM’s HR Vendor Directory contains over 10,000 companies