Recently, Dick’s Assistant Managers in New Jersey and Ohio filed a lawsuit claiming Dick’s illegally misclassified them as “exempt” employees, and failed to pay them overtime under the Fair Labor Standards Act when they worked over 40 hours. The Assistant Managers allege they are owed overtime because most of their work was “non-exempt,” including things like running the registers, stocking, cleaning, building displays, and unloading trucks. Those assistant managers are suing for back wages, liquidated and other damages.

Employers may not call their assistant managers executives unless their primary duty is management. We have found that many retailers violate this rule because their assistant managers spend most of their time doing manual labor such as unloading trucks and stocking shelves. Connecticut and Massachusetts have similar laws designed to protect employees from employers who require employees to work over 40 hours but for no extra compensation. If you believe you perform work that is “over-time eligible” but are not being paid overtime, contact our offices and consult with one of our experienced assistant manager unpaid overtime lawyers today.