Do Assistant Managers Get Paid Overtime?

The question of whether or not assistant managers are entitled to paid overtime is increasingly being raised as this classification is being abused by businesses such as retail outlets, grocery stores, and fast food restaurants.

These establishments often use the classification of “assistant manager” in order to avoid paying overtime wages as required by federal law. This practice has led to successful wage and hour lawsuits brought by employees who in some cases have been able to recover thousands of dollars in paid overtime to which they were entitled. Here are answers to frequently asked questions about this issue.

Does an Assistant Manager Have a Legal Right to Paid Overtime?

Under federal and most state labor regulations, assistant managers may indeed be non-exempt employees entitled to paid overtime for all hours worked beyond 40 hours in a work week. There are some very limited exemptions to these regulations, but in most cases, the Fair Labor Standards Act clearly states that, unless the job duties of someone with the title of “assistant manager” meet certain criteria, they must be paid no less than time and a half for all overtime hours.

When is a Worker Exempt From Paid Overtime?

There are specific job categories that are exempt from federal overtime regulations. Among these are:

• seasonal workers (i.e., agricultural and farm workers)
• casual child care providers
• paid companions for shut-ins and the elderly
• white collar executives earning $100,000 or more per year
• administrators and professionals (physicians, lawyers, teachers, consultants, etc.)

There is what is known as a “duties test” that can determine whether or not your job is exempt from overtime laws. Generally, to be exempted from overtime and minimum wage protections, your job must include high-level duties that require judgment and discretion, along with the authority to make or act on your decisions. Duties such as cleaning, collecting shopping carts and stocking shelves are typical duties for non-exempt employees, and they do not make an employee exempt from overtime rules, regardless of job title.

These are federal standards, by the way: state laws may have more stringent requirements. For example, California law requires that an employee receive double wages for all time worked beyond 12 hours in a single day.

What Does an Actual Assistant Manager Do?

You may be an assistant manager in more than just title – and therefore exempt from being paid overtime – if your salary exceeds $450 per week and you perform any of the following duties:

• interview job candidates
• make hiring/firing decisions
• set pay and work schedules
• supervise and direct 2 or more employees
• write up employee evaluations
• order supplies for the company
• pay company invoices
• ensure compliance with all workplace safety regulations

What if I Have Been Denied Overtime Pay?

There are a number of steps you can take if you believe you should have been paid overtime:

• Document all of your work hours, preferably in a private notebook
• File a complaint with the Department of Labor
• Contact an employment lawyer

The last point is especially important, should you decide to take legal action. Legally, an employer who violates paid overtime laws can be liable for twice the amount owed.

Join a Free Assistant Manager Overtime Pay Lawsuit Investigation

If you work or worked as an assistant manager at a fast-food restaurant, retail store or supermarket and you perform the same duties as the hourly employees, you may have been misclassified as exempt and are owed unpaid overtime pay.

Learn More

This article is not legal advice. It is presented
for informational purposes only.