Are Assistant Managers Exempt from Overtime?

Considering the time and effort you put into your job, you deserve fair compensation, especially when going above and beyond and working overtime. Unfortunately, some employers take advantage of the power they hold to wrongly deny overtime pay to employees with “Manager” in their title. This practice is illegal and is known as wage theft. Read the FAQs below to learn about who is and isn’t exempt from overtime pay and what to do if you think you are owed overtime.

When Is Overtime Paid?

If you think you’ve been wrongly denied overtime pay, it’s important to understand what overtime pay is and when it is owed. This information is laid out in the Fair Labor Standards Act (FLSA) passed by the federal government to protect employees. Under the FLSA, overtime pay must be provided for any hours worked in excess of 40 in one workweek. There are exceptions to this rule and some types of employees are exempt from overtime, however. Overtime pay, according to the FLSA, must be at least time and one-half the regular rate of pay for the employee. 

Are Assistant Managers Exempt from Overtime?

Under the FLSA, some types of employees don’t qualify for overtime pay. The FLSA makes exempt “bona fide executive, administrative, professional and outside sales employees”. This is a simple classification, but there are several requirements that must be met before an employee can be classified as exempt from overtime; simply having the right title isn’t enough.

When Are Employees Exempt from Overtime?

There are several requirements that must be met before an employee becomes exempt from overtime. First, the employee must have a salary of at least $684 per week. The employee must also primarily complete administrative tasks as a part of their duties. They must manage and direct at least two full-time employees, or their equivalent, on a regular basis. To qualify as exempt from overtime, the employee must also have hiring and firing power. However, if the state where the employee works has labor laws that are more protective of the worker, these laws would have to be followed by the employer.

What Qualifies as “Administrative” Work?

The FLSA defines administrative work as “office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers” that involves the use of discretion and independent judgments on important matters. Even if the employee has “administrator” or “manager” in their title, if they don’t do administrative work, they aren’t exempt from overtime pay.

Why Do Companies Wrongly Classify Employees as Managers and Administrators?

While this isn’t always the case, salaried employees are often given the title “manager” despite the fact that they don’t do any administrative work because this gives the employer a way to deny the employee overtime. It’s simply a way to save money via wage theft. However, it is possible that the employer simply doesn’t understand labor laws. To be clear, denying overtime pay is still illegal if the employee is not exempt from overtime pay under the FLSA even if the employer was not aware of the rule. 

If I’ve Not Been Paid the Overtime I’m Due, What Can I Do?

If you believe you haven’t been paid the overtime you are due, there are several steps you can take. First, if you think it’s possible that this was simply a mistake, you can bring it up with your supervisor. If you feel that you may be retaliated against for bringing up the fact that you may not be exempt from overtime, you can contact an overtime pay attorney for assistance. You can file a complaint with the U.S. Department of Labor or take legal action. You can also search the Wage and Hour Division’s database to see if they have a record of back pay you may be 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.

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