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Overtime for Retail Store Manager

Overtime Law for Retail Store Manager
Jake was hired to start a new location for a discount retail store.  He was given the title "store manager" and paid on a salary basis.  

For most of his employment though, there were no other employees at the store.  He worked there alone, largely accepting inventory deliveries and stocking and arranging the shelves.

Once the store did have a few employees, Jake's management responsibilities were minimal, and most of his time was spent stocking shelves, moving unsold inventory out of the store space, and operating the cash register.

​Perhaps to help manage the store budget, the owners kept the staffing very minimal, which meant Jake was working well over forty hours every week.  When they finally terminated his employment, he came to us questioning whether he had truly been a "manager" for overtime purposes.

Overtime Law Solution

We reviewed Jake's personnel file and text and email communications with his bosses, and it was clear that he was not performing managerial duties most of the time, and therefore should not have been considered overtime exempt.

When we filed a lawsuit, the owners insisted that the title "manager" made him exempt.  Documents reviewed in discovery, however, confirmed his statements about the kind of work he was actually doing every day.  Ultimately, we reached a favorable settlement for Jake.

Postscript

There is no question the money was meaningful to Jake, but he also felt strongly that he had been taken advantage of, and wanted to be sure the owners did not get away with it.  As a result of the settlement, we hope that they have reconsidered the work they expect of their individual store "managers" and the compensation they pay them for that work.

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
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • 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
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • 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