Assistant store managers in a variety of industries are stepping forward to demand their overtime pay. In the last five years, more than 25 settlements were reached totaling almost $150 million for assistant store managers who alleged they were misclassified as exempt from receiving overtime wages. Adding themselves to this list most recently are three assistant store managers from three different Kohl’s locations across the United States. The three former employees are proposing a collective action lawsuit that claims the company shorted all assistant store managers pay by willfully classifying them as ineligible for overtime when working over 40 hours per week.
The former assistant managers allege their main job responsibilities did not include supervisory tasks such as managing, directing and hiring/firing other employees but rather job tasks that are more commonly assigned to hourly workers. Their actual job duties mostly included non-supervisory tasks such as unloading freight, stocking shelves, filling on-line orders, organizing the store, counting inventory, arranging merchandise in accordance with company standards, and performing recovery. If they did handle any management tasks, those duties were routine and were closely monitored by supervisors.
Unfortunately, companies often misclassify their non-exempt employees, giving them managerial titles with salaried pay, to avoid paying them extra for overtime. These positions often come with a job description that may seem like a supervisory role, however, when it comes down to what the employee actually does it is more likely they are eligible to receive hourly pay and overtime.
Industries where this sort of misclassification happens often is in retail or chain restaurants in the hospitality industry. If you work or have worked as an assistant store manager and were paid a salary for all hours worked without any overtime pay, you may have a claim. The employment attorneys at Fitapelli & Schaffer, LLP have extensive experience handling class and collective actions against larger corporations that have taken advantage of their hard-working employees. Call us now at (212) 300-0375 for a free phone consultation. You can also visit our website here for more information.