Are Assistant Managers entitled to overtime pay?
An overtime lawsuit by a group of Assistant Supervisors at a company that runs private prisons is in the news. The employees allege that they were not paid for overtime earned while working before and after their shifts and for attending training sessions on their days off. The company claims that that the employees, mostly assistant supervisors, were managers and exempt from overtime pay.
Which side is right? Are Assistant Managers entitled to overtime pay? It all depends on the facts of each case. The overtime law enforcers at Ross Law Group represent many employees whose employers misclassified them as exempt managers and owe them money for unpaid overtime. We often see this in service industries like retail stores, convenience stores, and lawn service. Even with the title of Assistant Manager, Shift Leader or Team Leader, if management isnt your primary duty, you may be entitled to overtime pay. If so, our experienced overtime lawyers in Austin, Houston, and Dallas know how to help get workers the money they are owed for unpaid overtime.
The US Department of Labor warns employers that a job title or payment by salary do not determine whether an employee is entitled to overtime pay. Under federal wage law, an employer may have to pay overtime to an employee who has the title of Manager or Assistant Manager and works more than 40 hours a week.
A Manager or Assistant Manager is probably exempt and not entitled to overtime pay if he or she:
--Is paid on a salary basis, not hourly, and makes at least $455 a week
--Customarily and regularly directs the work of at least two or more other fulltime employees or their equivalent
--Makes more money than the people he or she supervises
--Has the authority to hire or fire other employees, or make recommendations about hiring and firing that are given particular weight
If you are working more than 40 hours a week as an Assistant Manager or Team Leader, but you dont regularly perform management duties, or direct the work of at least two other full time employees, or you are not on salary, or you do the same work as the people you supervise and your pay is about the same as theirs, Daniel B. Ross has brought together an exceptional team of overtime lawyers, investigators, and paralegals to help you with your potential claim. Call Ross Law Group today at 5124747677 for a free consultation.