Refusal to Pay Overtime in Retail



No, not unless you are truly a manager under the law.  In order for an employer to deny a retail manager or assistant manager overtime pay, it must show you meet the legal definition of a manager.  Under the law, you are not an exempt manager unless you:
1. Have management as your “primary duty”
2. Customarily and regularly direct the work of at least two full-time employees (or 80 hours of part-time workers)
3. Have meaningful input into hiring and firing decisions
Many retail employers take advantage of their “managers” because they are not truly managers, but instead they are glorified lead sales people.  If your primary duty is sales and you exercise little, if any, managerial discretion, you should be paid for all hours beyond 40 in a week.
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I worked for a retailer and was a Plaintiff in a class action for unpaid overtime wages. Hayber, McKenna & Dinsmore did an amazing job of getting our unpaid overtime back to us. Every one at the firm that I dealt with through that process was wonderful to work with. I appreciate all they did for us more than you will ever know.
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