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Barnes and Noble Overtime Lawsuits: Wage & Hour Laws

Barnes and Noble Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about Barnes and Noble:

What Does Barnes and Noble Do?

Barnes & Noble is an American retail bookseller. The company operates over 660 retail stores in all 50 states, as well as over 690 college bookstores. Barnes & Noble also operates one of the web’s largest e-commerce websites.

Barnes & Noble is headquartered in New York City, New York.

Who Does Barnes and Noble Employ?

As of April 29, 2017, the Company employed approximately 26,000 employees. Our experienced overtime pay lawyers handle cases for all Barnes and Noble employees, including the following:

Where is Barnes and Noble Located?

Barnes and Noble has retail locations in all 50 states, along with corporate and distribution centers in the following locations:

Barnes and Noble Overtime Pay Lawsuit News

Barnes and Noble Overtime LawsuitBookstore Cafe Manager Files Unpaid Overtime Lawsuit Against Employer

NEW 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.

Read All Barnes and Noble News on Overtime Pay Cases and Settlements

What are the Laws for Barnes and Noble Employee Overtime Pay?

Under the Fair Labor Standard Act (FLSA), many Barnes and Noble employees are considered non-exempt and therefore entitled to overtime pay.

If an employee is non-exempt under the FLSA, the law requires that they are paid overtime wages of one and one-half times their regular rate of pay for every hour past 40 in one week.

The FLSA has several exemptions, however, that would preclude employees from receiving overtime pay. For example, employees with “adminstrative” or “professional” roles may fall under these exemptions.

It is important to note that exemption is not determined solely based on job title. Rather, job description, job duties, rate of pay, and hours worked are used to determine if an employee should receive overtime pay.

On top of the FLSA, some states have their own overtime pay laws. These laws may complement or contradict the FLSA, so it is important to consult an experienced attorney who is familiar with all the applicable overtime pay laws.

Is a Barnes and Noble Employee Entitled to Overtime Pay?

Barnes & Noble employees are often required to work double shifts and work additional time before and after their scheduled shift. With the exception of some management positions, the employer must pay overtime to workers who work more than forty hours per week.

Employees who are exempt under the FLSA are not entitled to overtime pay. Whether or not a Barnes and Noble employee falls under the “administrative” or “professional” exemptions is determine based on job description, job duties, rate of pay, and number of hours worked.

Employers often deny or unlawfully refuse to pay overtime by misclassifying the positions of the workers. For example, an assistant store manager may be classified by Barnes and Noble as exempt because of the “manager” title, when in reality, the actual job duties reflect a non-exempt position.

Barnes and Noble may also require their employees to report to work early but not “punch the clock” until later or strike hours off of time cards, or they may refuse to pay employees for work done before the shift starts and after they punch out for the day. These are violations of the Fair Labor Standards Act (FLSA) and can give rise to an overtime pay lawsuit.

An experienced overtime pay attorney will be able to analyze your case in the context of the FLSA and your state’s laws to determine if you are due overtime wages from Barnes and Noble.

Does Barnes and Noble Have to Pay Overtime Wages to its Employees?

In many cases, Barnes and Noble is required to pay overtime wages to employees that work more than 40 hours in one week. This excludes employees who are considered exempt under the FLSA.

Exemption is not cut and dry; the FLSA is a complicated law and state laws can complicate the picture even further.

If you believe that Barnes and Noble owes you overtime pay, it is best to consult an attorney who has experience with the FLSA and state overtime wage laws.

To determine whether you are eligible for filing a wage claim, contact our experienced Barnes and Noble 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.

Has Barnes and Noble Been Involved in Overtime Pay Lawsuits?

Over the past several years, current or former Barnes and Noble employees have brought a number of lawsuits against the company in an effort to reclaim lost overtime wages. Here are a few examples of such lawsuits:

  • A lawsuit filed in 2013 by three former Barnes & Noble Assistant Store Managers claimed the bookselling giant classified the ASMs as exempt even though the company knew the ASM’s were nonexempt. Barnes & Noble claimed the ASMs were exempt under either the executive or administrative exemption of the FLSA. The former ASMs disagreed with the descriptions, claiming their work was mostly routine tasks and that they did not have the authority or discretion to make management decisions necessary for the exemption.
  • A Barnes & Noble cafe manager recently filed unpaid overtime lawsuit against her employer alleging she was improperly classified as an overtime exempt employee by the defendant as part of an effort to cut down on payroll expenses. 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.

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