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Manager Overtime Lawsuits: Wage & Hour Laws

Manager Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about General Managers and Operations Managers:

What Is a General Manager/Operations Manager?

Typically, general managers/operations managers plan, direct, or coordinate the operations of public or private sector organizations. Duties and responsibilities include formulating policies, managing daily operations, and planning the use of materials and human resources.

What is the Salary Range for a Manager?

Depending on the work setting and state, the U.S. Bureau of Labor Statistics (BLS) noted that in 2016, 80% of managers made between $44,000 and $150,000, with the average annual salary being approximately $99,310.

How Many General/Operations Managers Are Nationally Employed?

According to the United States Department of Labor, employment estimate and mean wage estimates for managers are as follows:

  • Employment: 2,188,870
  • Employment RSE*: 0.3%
  • Mean Hourly Wage: $58.70
  • Mean Annual Wage: $122,090

*RSE: The relative standard error (RSE) is a measure of the reliability of a survey statistic. The smaller the relative standard error, the more precise the estimate.

According to the United States Department of Labor, the percentile wage estimates for a manager is as follows:

  • 10% Percentile: $21.29
  • 25% Percentile: $31.20
  • 50% Percentile (Median): $47.74
  • 75% Percentile: $74.53
  • 90% Percentile: over $100/hour

Where Are Most Managers Employed?

According to the United States Department of Labor, states with the highest employment level of managers are as follows:

State Employment Employment Per Thousand Jobs Location Quotient Hourly Mean Wage Annual Mean Wage
California 261,780 16.40 1.05 $64.23 $133,590
Texas 168,610 14.36 0.92 $64.04 $133,200
New York 162,870 17.90 1.15 $71.59 $148,910
Illinois 121,040 20.50 1.32 $56.95 $118,450
Georgia 90,520 21.48 1.38 $54.84 $114,070

Manager Overtime Pay Lawsuit News

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What are the Laws for Manager Overtime Pay?

Under the Fair Labor Standard Act (FLSA), many employees with the title of “manager” or “supervisor” are entitled to overtime pay. Many companies will try to avoid paying overtime wages by misclassifying employees as FLSA-exempt managers.

To determine whether a manager is entitled to overtime, it is necessary to determine if they are really exempt under the law.  This must be determined on a case-by-case basis. Some key factors to determine whether a manger is entitled to overtime include:

  • Two or more full time employees report to you for work assignments and oversight of their daily tasks
  • The type work is really being performed regardless of the job description
  • Being docked you pay if you miss time from work.  If so, then you are not exempt from overtime pay because pay docking is inconsistent with your status as a “salaried” manager or supervisor
  • The percentage of your time managing employees and operations.  Managers must spend at least 80% (in retail and service industries 60%) of their time in management duties. If you spend a large part of your work day performing at the cash register, preparing food orders or filling in for absent non-managers, then you may not be a “true” manager or supervisor and could be due overtime.

Other factors to determine if you are a “true” manager include whether you:

  • Set the schedules of other employees;
  • Make decisions about hiring or firing employees; and
  • Direct the work of at least 2 other full-time employees.

Is a Manager Entitled to Overtime Pay?

Because managers perform essential duties, such as formulating policies, managing daily operations, and planning the use of materials and human resources, they often work far more than 40 hours in a workweek. Many of them are not paid overtime for these excess hours as required under the FLSA. The employer’s failure to pay required overtime to a manager can result in a lawsuit for overtime pay.

There are strict time limitations for filing a claim so it is important that you discuss your case in a timely manner. If you wait too long, you may lose your ability to recover some or all of your back pay. An experienced manager overtime pay attorney can determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked.

Some states have their own overtime pay laws that may be slightly different from the FLSA with respect to overtime pay for managers. An experienced overtime pay attorney can determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked. There are strict time deadlines for filing lawsuits so it is essential that you contact an attorney immediately.

To determine whether you are eligible for filing a wage claim, contact our experienced Manager Overtime Pay Lawyers at (855) 754-2795 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.

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