著者

松井 丈晴

出版者

日本法政学会

雑誌

法政論叢

巻号頁・発行日

vol.53, no.1, 2017

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Flat-rate overtime pay is a hotbed of problems as it consists of putting in long hours with little pay.The trouble arising from flat-rate overtime pay is increasing yearly.Recently, there have been a few precedents of court cases surrounding the flat-rate overtime payments to people working in excess of the monthly time limit of 45 hours.To be effective flat-rate overtime payments require the agreement of both labor and management.In connection to this, this paper has been written based on Justice Sakurai of the Supreme Court's supporting opinion in the Tec Japan case.

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.