DUNMORE, Penn. — A manager for Pennsylvania-based Joe’s Kwik Mart recently filed an unpaid overtime lawsuit against her employer alleging violations of the Fair Labor Standards Act (FLSA).
The lawsuit seeks to recover back pay, interest on unpaid overtime wages, attorney’s fees, and any other relief the court sees fit.
According to the complaint, the plaintiff routinely worked 50 to 70 hours per week as a manager for the convenience store chain. She claims she was a salary worker classified as a manager and did not receive overtime pay for the time she spent working over 40 hours.
However, in reality she performed few managerial duties and alleges she was only classified as a salaried manager to avoid paying her overtime wages. The suit names MG Group LLC of Allentown as the defendant and seeks class action status so that any other similarly-affected employee can join the suit to recover unpaid overtime.
Federal Overtime Pay Exemption Laws
Federal labor laws allow employers to classify certain employees as overtime exempt if they perform certain duties. Common classes of overtime exempt employees include:
- Managers
- Executives
- Professionals
- Administrative
What makes these jobs overtime exempt is not the title but rather the duties the worker performs and how they set him or her apart from others. In the case of this worker’s situation, she was classified as a manager but may not have been asked to perform actual duties associated with that position.
Under the FLSA, overtime-exempt managers must be engaged in interviewing, selecting, and training of employees. Other aspects include setting pay rates and making schedules as well as determining what tools and methods should be used to accomplish work goals.
If employees are misclassified, they may be able to file unpaid overtime lawsuits to collect up to three years of back wages if their employer knowingly violated the FLSA. Other compensation courts may award includes interest on unpaid wages, liquidated damages, attorneys fees, and anything else the court deems fit.
Manager Misclassification Overtime Pay Lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel 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.