著者

松井 丈晴

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.47, no.1, pp.1-17, 2010

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In Japan, "Manager" is defined under Article 41(2) of the Labor Standards Act, as a person in a position of supervision or management or person handling confidential matters, regardless of the type of enterprise, to which the provisions regarding working hours, rest periods and days off set forth in this Chapter, Chapter VI and Chapter VI-II do not apply. In contrast, in the United States "Manager" is defined under Sec.13 (a) (1) of the Fair Labor Standards Act. In court cases between McDonald's Corporation in America and Japan, the courts settled questions concerning the definition of "Retail Store Manager". Through a comparison of the. American and Japanese McDonald's Corporation court decisions, I analyzed trends in judicial precedents concerning the concept of "Manager" following the revision of the American Code of Federal Regulations in 2004. Furthermore, by highlighting the differences between the American and Japanese concepts of "Manager", I examined what constitutes a "Manager" in Japan.