Best Buy Assistant Managers Denied Overtime May Have Legal Recourse
Last Updated on June 26, 2017
Attorneys working with ClassAction.org are no longer investigating this matter. The information here is for reference only. A list of open investigations and lawsuits can be viewed here.
At A Glance
- This Alert Affects
- Best Buy assistant managers who were denied overtime pay after working more than 40 hours a week.
- Best Buy assistant managers who were wrongfully denied overtime pay may be able to collect up to three years of back wages, an equal amount in liquidated damages, and attorneys' fees and costs.
- Best Buy
- Additional Details
- Assistant managers are among the employees who are commonly subject to illegal overtime practices. Often, employees responsible for assisting customers, stocking shelves, or managing cash registers are given the title of "assistant manager," even though they are provided few managerial duties, and are thereby misclassified into a group of employees known as "executives" who are not eligible for overtime pay. As a result, they are denied the overtime pay to which they are entitled.
- Assistant managers who were denied overtime pay may be able to recover unpaid overtime dating back two years, or three years if their employer's violations were willful.
Best Buy assistant managers who did not receive overtime pay after working 40 hours a week may be able to file a claim seeking up to three years of unpaid overtime wages. If you are working as an assistant manager and do not perform managerial job duties, such as hiring and firing or supervising employees, it is possible that you may have been improperly classified as a worker who is ineligible to receive overtime pay. As a result of the misclassification, you may be able to seek compensation for up to twice the amount of overtime wages originally owed to you, dating back two to three years. Federal overtime law prohibits employers from retaliating against employees who take legal action or call attention to potential violations of wage and hour law.
Assistant Managers: Employee Misclassification
Often, assistant managers are misclassified into a class of employees who are ineligible to receive overtime pay, even though they do not meet the requirements of an “exempt” employee, or one who is not entitled to overtime wages. To be legally denied overtime, assistant managers must earn a salary of at least $455 per week AND perform certain job duties, such as:
- Directing the work of two or more full-time employees
- Managing the company, a department or subdivision
- Hiring and firing other employees
Job duties, not job titles, remain the most crucial factor in determining who is eligible for overtime pay. Therefore, when an employee is given the title of assistant manager, but retains the job duties of a sales floor representative, cashier, stocker or other hourly worker, they are not exempt and must receive overtime pay for every hour worked over 40 in a single workweek.
Best Buy Overtime Claims
In 2007, a Best Buy overtime lawsuit settled for $13.75 million on behalf of in-store assistant managers in California who were misclassified as exempt from overtime pay. The class members claimed that they were required to work 50 to 60 hours per week without receiving additional compensation.
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