HARTFORD, Conn. — Current and former assistant store managers of Ocean State Job Lot in New England will be receiving notice of a pending collective and class action lawsuit thanks to an order from a Connecticut District Court Judge. The pending lawsuit claims the discount chain violated the Fair Labor Standards Act (FLSA) and Massachusetts Overtime Law when it denied its assistant store managers overtime pay when they worked more than 40 hours in a workweek. While the order came from a Connecticut court and the lawsuit specifically addresses Massachusetts state law, assistant store managers in Massachusetts, Connecticut, and other states in New England will still be eligible to join the lawsuit.
The Overtime Pay Lawsuit
All current and former assistant store managers who have worked for any of the Ocean State Job Lot locations in Massachusetts, New York, Connecticut, and other states in New England at any time between April 2011 and the present will likely be eligible to join the lawsuit; however, each of their claims will be evaluated prior to their joining. The lawsuit alleges the company misclassified the assistant store managers under the “executive” exemption of the FLSA.
Exempting Assistant Store Managers
The “executive” exemption is typically applied to employees who manage a department or business, oversee the work of at least two other employees, and will either have hiring and firing authority or their input into those decisions will be given significant weight. The responsibilities of assistant store managers often include both managerial and non-managerial tasks which makes determining whether or not an assistant store manager’s responsibilities meet the requirements for the exemption a very complicated and fact-specific decision.
The Ocean State assistant store managers claim their responsibilities were more similar to that of hourly employees and not that of managers. According to their claim, the assistant store managers were tasked with unloading trucks, arranging merchandise, stocking shelves, and other tasks frequently assigned to hourly employees. Employees exempt under the executive exemption can still be assigned to perform tasks like the ones the Ocean State assistant managers have listed, but their primary responsibility must be the managing of the department or business. What constitutes “primary responsibility” can also be a complicated determination.
If you are an assistant store manager at Ocean State or at another employer and you believe you have been misclassified as exempt, call our top-rated overtime pay lawyers to discuss the details of your work responsibilities and your situation. Time is limited for filing wage and overtime complaints so it is important to call today! Our knowledgeable team of overtime pay lawyers can be reached at (855) 754-2795. Or you may complete our Free Unpaid Overtime Case Review form and our experienced legal team will evaluate your case. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.