Managers, Supervisors, Assistant Managers and
Many employees who are
classified by their employers as “salaried managers” or “supervisors” are
entitled to overtime pay. This is
because their actual job duties do not exempt them from FLSA regulations. Whether your job duties are truly classified
as manager or supervisor is very fact specific.
Note that many of these same rules and problems apply to “assistant
managers” and “associate managers” as well.
Consider the following
Do you “manage”
or “supervise” other employees?
supervision of other employees means that two or more full time employees
report to you for work assignments and oversight of their daily tasks
Look behind the
title to see what work is really being performed
Are you subject
to pay docking if you miss part of the regular work day?
If so, then you
are not exempt from overtime pay
because pay docking is inconsistent with your status as a “salaried” manager or
Do you really
spend a majority of your time performing management or supervisory duties?
- This is where
most employers get into trouble.
must spend at least 80% (in retail and service industries 60%) of their time in
In other words,
if you spend a large part of your time performing tasks such as ringing up
sales, 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.
- Some employers
will abuse so-called salaried assistant and associate manager employees,
requiring them to perform a large amount of “fill-in” work for non-salaried
employees who do not show up for work.
This occurs more often when hiring is tight. This illegal practice works because the
employer uses as an incentive the possibly becoming a manager with a much
greater salary and eligibility for greater bonuses. Often, the salaried assistant and associate
manager employees will work a very large number of overtime hours, resulting in
a very large amount due the employee.
The amount due could be in the tens of thousands of dollars. Unfortunately, this unfair practice is much
more common than most people think.
- Some examples of
management duties include:
- Setting the schedules of other employees;
- Making decisions about hiring or firing employees;
- Directing the work of at least 2 other full-time
Are you paid on an hourly basis or on a
- If you are paid
hourly, then you are not exempt from overtime pay regardless of your management
duties. You should be due overtime pay
for hours in a week worked over forty.