TAMPA, Fla. — A store manager for a Tampa Bay Starbucks recently filed an unpaid overtime lawsuit against against the worldwide coffee company alleging she is owed back wages and that her employer violated federal labor laws.
The unpaid overtime lawsuit seeks class action status so that any other similarly affected current or former Starbucks managers can join suit to get the compensation they are owed.
The lawsuit, filed in federal District Court in the Middle District of Florida, Tampa division, alleges the plaintiff and others like her were misclassified as overtime exempt workers by their employer even though they did not meet federal labor standards for such a classification. While working as a manager, regularly in excess of 40-hours per week, the plaintiff claims she spent little, if any time conducting managerial duties.
For the most part, the plaintiff claims her duties were relegated to those of a barista, serving coffee and making drinks for customers, right alongside of other hourly employees. The lawsuit further alleges the plaintiff did not perform managerial duties because she did not have authority over basic managerial functions at her store.
Starbucks settled similar allegations with a group of about 350 managers in 2008. That case involved assistant managers who were reclassified as hourly employees who claim they were not paid for their labor beyond 40-hours in a week.
FLSA Manager Salary Rules
Under the Fair Labor Standards Act (FLSA), only certain classes of employees are exempt from overtime pay and must meet certain qualifications. Misclassifying an employee as an overtime exempt worker is just one of the many ways employers may try to cut down on labor costs and avoid paying overtime.
Under the FLSA, it is not enough to simply classify an employee as a manager to make him or her exempt from overtime. The employee must also perform duties consistent with the job description like having authority to set pay for lower level employees, create work schedules, and hire or fire workers.
Restaurant Overtime Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that you and and other employees believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.