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Many times store managers are worked and worked and worked more than 40 hours per week and then told they are not entitled to overtime because they are exempt “executives.”
In Morgan, Richardson V. Family Dollar Stores, 21 Fla. L. Weekly Fed.C1305 ( December 16, 2008), the 11th Circuit Court of Appeals determined that Family Dollar store managers were not exempt and were entitled to overtime.
The evidence showed that the “store managers exercised little discretion and spent 80 to 90% of their time performing manual labor tasks, such as stocking shelves, running the cash registers, unloading trucks, and cleaning the parking lots, floors and bathrooms”. Store managers “routinely perform janitorial duties and lacked discretion over merchandise selection, prices, sales promotion and layouts.”
Family Dollar argued that its managers were exempt from overtime under the FLSA executive exemption which excludes over time for” any employee employee and a bona fide executive… capacity.” 29 USC Section 213 (a) (1).
To “establish that an employee is a bona fide executive, an employer must show:
(1) the employee is compensated on a salary basis at a rate of no less than $450 per week;
(2) the employee’s primary duty is management of the enterprise in which the employee is employed or other customarily recognized department or subdivision thereof;
(3) the employee customarily and regular directs the work of two or more other employees; and
(4) employee has the authority to hire or fire other employees were whose suggestions and recommendations as to the hiring, firing, advancement, promotion radiator changes status of other employment are given particular weight.” 29 CFR section 541.100 (a) (2006).
As you can imagine, each case turns on its own unique factual situation. However, if you are a store manager who is working overtime and is not being paid, you may be entitled to overtime compensation.
If you have a question or need information on Florida overtime wage claims, contact Florida over time attorney Nancy L. Cavey at 727-477-3263. If you believe you are entitled to overtime compensation, order your free copy of Cavey and Barrett’s book on your rights to overtime.