Bookstore Cafe Manager Files Unpaid Overtime Lawsuit Against Employer

Bookstore Cafe Manager Files Unpaid Overtime Lawsuit Against Employer

Barnes and Noble Overtime LawsuitNEW YORK — A Barnes & Noble cafe manager recently filed unpaid overtime lawsuit against her employer alleging he was improperly classified as an overtime exempt employee by the defendant as part of an effort to cut down on payroll expenses.

The plaintiff filed her suit against the defendant in federal District Court for the Southern District of New York against and seeks certification as a collective action to allow other similarly affected cafe managers to join the claim and recover their back wages.

According to the complaint, the plaintiffs was improperly classified as an overtime exempt “executive employee” by Barnes & Noble yet the tasks she allocated most of her time to did not fall under the job duties expected by the Department of Labor.

The plaintiff claims she spent much of her time making coffee, preparing food, running the cash register and cleaning up the cafe area of the book store.

Furthermore, the suit claims Barnes & Noble intentionally understaffed its cafes and closely monitored payroll hours, thus forcing the managers to pick up much of the remaining work left over. The plaintiff claims she could not possibly have been an overtime exempt executive employee because cafe managers are closely supervised by the corporate entity and are not ultimately responsible for hiring, firing, and setting the pay for subordinates.

FLSA Executive Employee Classification Rules

Under the Fair Labor Standards Act, only certain classes of employees are exempt from overtime but they must perform certain duties consistent with their job description. Often times, employers simply make employees managers in title only and do not ask them to perform the essential duties to make them overtime exempt.

Common expected duties of executive employees include supervising two or more employees, the primary duty of the position is to manage operations, and is responsible for duties such as hiring, firing, setting pay, and work schedules. Employees incorrectly classified as overtime exempt employees have legal recourse to file suit against their employer for wage theft and recover their back overtime pay.

FLSA Overtime Misclassification 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.

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