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To make a fair recommendation on this case, one needs to know the conditions on which the contract was signed and whether the terms of non-performance were discussed in it. The work under the contract may not be performed in full in good faith, in which case the contract needs to be revised. There was no violation of the terms of the contract by Frank, as it cannot be said that the contract could not objectively be fulfilled due to the customer’s side. However, the contract had to be revised before receiving a quarter of the production by Frank, that is, the recipient confirms the partial performance of the contract, but requires satisfaction in court. Thus, the contract does not contain fulfillment conditions that could simplify the problem of its discharge. It should also be mentioned that the different terms of the contract may be complicated by the laws of a particular state (Pargendler). State intervention includes the interpretation of the contract and the introduction of penalties for violations. Thus, it cannot be said that Millie’s defense will be guaranteed to be successful, but depending on the conditions of the process, it is possible to achieve a revision of the contract.
The problem of this issue seems superficial at first, however, this case has its peculiarities. Considering that each of the employees works the same number of hours per week for the five-day week, their payments should be synchronized, which is confirmed at the level of the Fair Labor Act. If an employee who is not registered with a trade union does not work secretly, there should be no problems with payments of the same amount (Rissman). However, it needs to be borne in mind that in some states this law is interpreted in such a way that work for more than eight hours is already overtime for which, therefore, overtime must be paid (Grensing-Pophal). One way or another, the implementation of this reform has to be discussed with law enforcement officers and also with trade unions, which may misinterpret the reassignment of working hours of non-union employees.
References
Grensing-Pophal, Lin. “5 Steps for Adopting a Four-Day Workweek”. SHRM, 2020. Web.
Pargendler, Mariana. “The Role of the State in Contract Law: The Common-Civil Law Divide”. Yale Journal of International Law, vol. 43, 2018, pp. 143-187. Web.
Rissmann, Glenn. “A Four Day Workweek?” BeLabor the Point, 2019. Web.
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