Many companies and business have recently promoted employees to the position of “assistant manager” to avoid paying overtime wages. The employer often gives this “promotion” to the employee under the pretense that it is an actual movement up in the company, when in fact it is done just to avoid overtime pay. Companies cannot avoid overtime pay by simply giving an employee a different position even though the job duties remain the same.
Many assistant managers work more than 40 hours in a week, but employers may fail to pay the required overtime wages. Often, this is because employers misclassify the employee as “exempt” from the Fair Labor Standards Act laws. Promoting an employee to assistant manager is just one way that companies try to cheat workers out of their overtime pay.
The employer’s failure to pay overtime when required can give rise to an overtime pay lawsuit.
For the majority of workers, federal wage laws require employers to pay time-and-a-half for all overtime hours. In calculating the number of hours worked, the employer must consider all required work performed in all facilities and departments, both before and after a shift, including staff meetings and required paid training. Some states have also enacted overtime laws that regulate the number of hours an employee can work within 24 hours before receiving overtime.
Determining whether a particular assistant manager is entitled to overtime pay involves a number our questions. Our overtime pay lawyers want to learn more about your job and your job duties to see if you are being cheated out of overtime pay.
If you have been promoted to assistant manager and are not receiving overtime pay for more than a 40 hour work week, you may able to file an overtime pay lawsuit. There are strict time deadlines for filing lawsuits, so it is essential that you contact an attorney immediately. If you wait, you may lose your ability to recover some or all of your back pay.
To determine if you can file an assistant manager overtime pay claim, contact our experienced Overtime Pay Lawyers at (855) 794-2795 for a Free Consultation to discuss your case, or complete the Free Unpaid Overtime Case Review Form on this page. We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.
Assistant Manager Frequently Asked Questions
Are assistant managers entitled to overtime pay?
Am I entitled to overtime pay if I was promoted to assistant manager?