Overtime for Sandwich Shop 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 SolutionAfter 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. PostscriptBy 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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