NEWARK — A trio of former managers for Houston-based women’s boutique stores Francesca’s recently filed a class action unpaid overtime lawsuit in federal court alleging that the defendant intentionally misclassified managers and withheld overtime pay. The claim hopes to recover wages on behalf of the three-named plaintiffs as well as any other similarly affected store managers at the defendant’s 680 locations around the country.
According to the overtime lawsuit, filed in U.S. District Court for the District of New Jersey, Francesca’s managers routinely work 45 to 55 hours per week but do not collect overtime on their pay checks. The plaintiffs allege the defendant intentionally misclassified managers as overtime exempt to keep payroll down and increase the company’s bottom line at the expense of hardworking employees.
The plaintiffs claim that their duties were not materially different from the work performed by subordinates earning an hourly wage and overtime eligible, yet were placed on salary and classified as overtime exempt. The suit alleges the plaintiffs did jobs such as running cash registers, stocking shelves, and helping customers, all while working the store alone or with another employee.
Federal Overtime Laws for Managers
Under the Fair Labor Standards Act (FLSA), companies can classify certain types of workers as overtime exempt and pay these individuals a salary instead of a traditional hourly rate. However, these workers must perform certain duties enumerated in the FLSA and employees cannot be managers in title as a means to skirt overtime wages.
Managers are expected to perform duties vital to the company’s operations and not menial tasks typically assigned to subordinates and hourly workers. These duties should include tasks like supervising employees, hiring and firing workers, setting pay rates, and creating work schedules for subordinates to follow.
When employers break the law, aggrieved workers may recover their unpaid overtime, as well as interest on these wages. Furthermore, courts can impose penalties and injunctions on defendants to ensure future misconduct does not occur and harm innocent people trying to earn a living and support families.
Retail Manager Unpaid Overtime Lawsuits
This case highlight the lengths former employers may go when their employees stand up for their legal rights and bring claims for unpaid overtime wages. Having an experienced overtime lawsuit attorney on one’s side can help navigate these legal pitfalls and give plaintiffs their day in court.
If you believe that your wage rights were violated under the FLSA and may have a claim, call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page. Our law firm has a team of experienced and dedicated overtime wage lawsuit attorneys ready to help you understand your legal rights.