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Misclassification of Managers as Exempt from Overtime Pay

Many employers try to save money by calling employees “managers” and paying them a straight salary for all hours worked. But federal law requires that managers perform certain duties in order to be exempt from overtime pay for hours worked over 40 in a week.

If you are a manager, team lead, store lead, or work in a similar position, consider whether your job involves the following duties:

  • Managing the Enterprise: Do you interview and hire new employees? Set work hours and pay for employees? Direct the work of other employees? Keep inventory or sales records?
  • Supervising Employees: Do you regularly direct the work of at least two or more other full-time employees?
  • Authority: Do you have authority over other employees? For example, can you hire and fire employees on your own?
  • Salary: Are you paid a salary? Is that salary at least $455 per week (or $23,660 per year)?

If you are a salaried manager but your duties do not pass the tests above, you may have a claim for unpaid wages and overtime. Contact the attorneys at Habush Habush & Rottier S.C. ® for a confidential and free consultation. Click here to chat with one of our online representatives.