In another in a growing line of overtime cases brought by assistant managers, Boston Market Corporation has been sued in Connecticut. Large company’s have taken advantage of the Executive Exemption of the Fair Labor Standards Act for years. They typically create a position called Assistant Manager or Assistant Store Manager, include a few management sounding duties on the job description, and classify the position as exempt or ineligible for overtime. Of course, those employees are then assigned to work 45 or 50 hours per week (or more) and not paid overtime.
Ms. Bebi Alli has brought her claim against Boston Market Corporation, alleging that she should have been classified as non-exempt, or overtime eligible. She claims that she spent the vast majority of her time performing non-exempt duties like cooking food, serving customers and cleaning the restaurant and the parking lot.
Alli is represented by the Hayber, McKenna & Dinsmore. She has pleaded the case as a collective action and a class action and intends to file a motion to invite other assistant managers to join her.
The Connecticut Law Tribune recently published an article about a similary case against SNET where managers were allowed to proceed as a class action under similar circumstances.
Hopefully, the day will soon come where assistant managers are correctly classified as non-exempt and paid the overtime premiums they deserve.