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5/31/2011
KH Law
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Supermarket managers – find out how the FLSA affects you.

Many employers classify managers and supervisors as “salaried” to avoid paying them overtime, but many are still protected under the federal labor laws. One common question our employment attorneys hear is: “I am a store manager and am paid a salary. Is it true that I am not entitled to overtime?”

The specific facts of your case, including your actual job duties can determine the answer to this question, but in general, most people are protected under the wage laws, even store managers.

Case in Point

A supermarket chain in New York was sued by over 400 current and former supermarket managers who claimed they were misclassified as exempt by their employer and owed back overtime pay.

The federal judge in the case ruled that the supermarket owner violated federal and state wage and hour laws by failing to pay overtime to lower-level managers.

The supermarket classified the employees as “exempt” managers and did not pay them their overtime rate, but the employer failed to meet those salary requirements. The judge ruled that the managers were not salaried because the company often docking pay from the manager’s paychecks for hours they missed at work.

The law states that salaried, exempt employees who are not eligible for overtime pay must be paid the full amount of their weekly salary, regardless of the days and hours worked.


Blog post: Starbucks barista tip-sharing lawsuit

Find out why your job title is irrelevant in determining your eligibility status under the labor laws: Managers and supervisors are not always exempt from receiving overtime pay.



Category: General



The Texas overtime lawyers at Kennedy Hodges represent workers nationwide and across Texas in:
Houston, Dallas, Austin, San Antonio, Fort Worth, Pasadena, Laredo, Sugar Land, Lubbock, Illinios, New York, Massachusetts, Los Angeles, Chicago, Philadelphia, Phoenix, San Diego, San Jose, Jacksonville, Indianapolis, San Francisco, Columbus, Charlotte, Detroit, and more.




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