Overtime 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 SolutionWe 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. PostscriptThere 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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