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Overtime for Sandwich Shop Store Manager

Overtime Law for Store Manager
Kevin was a teenager when he was first hired at a local sandwich shop.   Shortly into his employment, he was given the title "manager," but his job remained making sandwiches and serving customers.  He had no employees that reported to him, and did not make any significant decisions in the course of his job.


However, based solely on the change in title to "manager," the owner of the store stopped paying him overtime and began scheduling him for more hours.

Kevin did not know what to about this until he was fired and sought legal advice about his situation.  He was young and inexperienced, but knew that he had been treated unfairly.

Overtime Law Solution

After reviewing Kevin's personnel file and records of payment, it was clearly that he was truly a manager in name only.  Given that, he was owed for all of the additional hours he had worked after the owner decided to reclassify him as exempt from overtime.

We brought a claim for wrongful termination under the disability and perceived disability discrimination laws, as well as for compensation under the state and federal overtime laws.

Though it took longer than it should have due to the owner's behavior in the litigation, we were eventually able to reach a settlement that compensated Kevin for these hours.

Postscript

By the time the case settled, Kevin had a child on the way and the settlement money made a big difference to him.  He also got some valuable lessons in employee rights at a relatively young age.

If you are in a similar situation, remember that the word "manager" or "assistant manager" in your title does not necessarily mean you are exempt from overtime.  If you are regularly working over 40 hours in a week, and are unsure whether you should be treated as exempt or non-exempt, it never hurts to consult with an employment law attorney who can analyze the specific facts of your situation.

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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Advice for Employers
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
      • Should I Accept a Severance?
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws >
      • Overtime Law >
        • Overtime Exemptions
        • Employee Travel Time
        • Federal or State Overtime Law
      • Massachusetts Wage Act >
        • Payment of Commissions
        • Wage Deductions
        • Late Payment of Wages
        • Paid Time Off
    • Independent Contractor Law >
      • Independent Contractor Test
      • Working As Independent Contractor
      • Hiring Independent Contractors in Massachusetts
      • Is My Independent Contractor Status Legal?
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
      • Can I Avoid My Non Compete?
    • Do I Have a Case?
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog