Misclassification of Managers, Supervisors, Team Leaders
Over the last several decades, one well known large company after another has had to modify their pay practices and pay out many millions of dollars in overtime wages for misclassifying its workers as exempt from overtime wages working under such often used job titles as: ”assistant manager,” “shift manager,” “shift supervisor,” “team leader,” “department manager,” or “unit manager.” A job title has no bearing on whether the employee is entitled to overtime wages or classified as exempt under the Fair Labor Standards Act (FLSA).
Salaried Positions and Overtime Pay
Similarly and equally as important is the misnomer and misinformation such workers receive when they mistakenly believe or are told that because they are “SALARIED” they are not entitled to be paid overtime wages. Like job titles, the treatment of an employee as a salaried employee, or paying an employee a salary, is irrelevant and has no place in determining whether the employee is exempt under the FLSA. Thus if you receive a salary, this fact has no basis on whether you are legally entitled to be paid overtime wages.
Are You a Manager or Supervisor Who Was Denied Overtime Pay?
Assistant managers or shift supervisors whose primary duty is not management, or who do not regularly supervise the equivalent of two or more full time employees each and every week, may be eligible for overtime wages for all hours worked.
If you have worked under one of these job titles with limited discretion, limited decision making authority or do not routinely supervise 2 or more full time employees or the equivalent each week, then you may want to contact us. The experienced employment law attorneys at Feldman Legal Group will provide you with a free assessment of your employer’s pay practices.