NEW YORK — A group of former K Mart assistant managers recently filed an unpaid overtime lawsuit in federal court alleging the company violated the Fair Labor Standards Act (FLSA) by not paying them overtime when they worked more than 40 hours in a week. The suit is just the latest in a series of similar claims made against other big retail companies, challenging the status quo many retailer relied upon to keep wages and payroll expenses down.
K Mart settled a previous unpaid overtime lawsuit with a group of 425 other assistant managers for $3.8 million over claims the defendant violated the FLSA by misclassifying assistant managers as overtime exempt. The latest suit seeks class action certification so that other similarly affected workers across the nation can join in and recover their lost wages, as well.
The practice of misclassifying assistant managers and supervisors as “overtime exempt” is an all too common occurrence with many employers, both large and small, which ultimately hurts the employee and his or her family. Under the FLSA, certain classes of workers are allowed to be placed on a salary with no overtime wages so long as they perform certain duties outlined in the law.
Duties expected to be performed by overtime exempt managers include the power to hire and fire, set pay rates for subordinates, create employee schedules and various other duties crucial to the operation of the business. Independent contractors are another class of workers that are overtime exempt but these individuals must also practice certain job duties and have the freedom to exercise control over their work.
However, many workers are only managers in name and perform little, if any, job duties expected of them under the FLSA. When employers knowingly violate the terms of the FLSA, affected employees may recover up to three-years of unpaid wages, liquidated damages equal to their back pay, and attorneys’ fees to cover the cost of the litigation.
Retail Assistant Manager Unpaid Overtime Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you 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.