Over the years we have handled Fair Labor Standards Act (FLSA) cases where employees have not been properly paid overtime. It is often assumed that managers are “exempt” from overtime laws – the FLSA – and therefore can be worked into the ground with the employer only paying the salary. This is not always correct.
Please read this short but informative post by Derek T. Braslow on this issue. Basically if the manager is really not “managing” then there may not be an exemption and the manager may be owed overtime work for all of those hours. This typically occurs in a small to mid sized retail establishment where you see the “manager” sweeping the floors, unloading and unpacking deliveries, etc.
Please feel free to contact us if you have any questions about your particular situation and whether you are owed overtime (including sometimes receiving extra or liquidated damages) by your current or former employer.
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