I have assistant managers contact me to ask whether they are entitled to overtime pay. They explain that they don’t make decisions about hiring or firing other employees, don’t set schedules, and don’t have the ability to suspend or reprimand other employees. They perform job duties that are almost identical to everyone around them, except for a few minutes a day when they might have to “manage” the other employees (who do get paid overtime). They are called “assistant managers” and paid a salary, but don’t get overtime wages. In short, they are misclassified.
Companies misclassify their employees to avoid paying them overtime. This practice is not isolated to small businesses, to restaurants, nor to retail stores. Not only do smaller companies do this to their employees, but some of the largest employers in this country have been accused of misclassifying their employees – and then most of these larger companies have settled those claims.
If you think that you are or were misclassified – and that you spend most of your time doing what your fellow employees are doing but are called an “assistant manager” and not paid overtime, then contact the FairLaw Firm for a free consultation or submit a free case evaluation form and my firm will get back to you.