Denied Overtime as a Comerica Assistant Branch Manager?
Last Updated on June 26, 2017
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At A Glance
- This Alert Affects
- Comerica assistant branch managers who did not receive overtime pay after working 40 hours in a single workweek.
- Damages
- Employees who have been wrongfully denied overtime may be able to recover a number of damages in an unpaid overtime lawsuit, including two to three years of back wages, an equal amount in liquidated damages, and attorneys' fees and costs.
- Company(ies)
- Comerica Bank
- Additional Details
- Assistant managers are among the employees who are most commonly misclassified as ineligible for overtime, and therefore denied the overtime pay to which they are entitled.
- Date
- In an unpaid overtime lawsuit, misclassified assistant branch managers may be able to collect two to three years of back wages.
Comerica Assistant Branch Managers: If you are working more than 40 hours a week and have not received overtime pay, you may have legal recourse. Assistant managers are among the types of employees who are often, and incorrectly, classified into a group of employees who are ineligible to recover overtime pay. To be exempt truly from overtime wages, assistant branch managers must meet a strict set of criteria, which includes having the ability to hire and fire other employees, and cannot be denied overtime pay simply because they have a managerial title or are paid on a salary basis. When an assistant branch manager is wrongfully denied overtime pay to which they are entitled, they may be able to seek up to twice the amount of overtime wages owed to them, dating back two or three years, while being protected by federal law against employer retaliation.
Assistant Branch Managers: Unpaid Overtime Claims
Often, "assistant managers" are denied overtime pay because they are misclassified, or improperly placed, by their employer into a category of employees who are not entitled to overtime pay. According to overtime law, there are two types of employees – those who can receive overtime pay, known as non-exempt employees, and those who cannot, known as exempt employees. There are five major categories of exempt employees, comprising of executives; administrators; outside sales people; computer employees; and learned or creative professionals, such as doctors and actors.
When assistant managers are misclassified, they are commonly placed into the executive exemption. However, to be truly ineligible for overtime pay under this exemption, the assistant manager must:
- Earn a weekly salary of at least $455
- Have the ability to hire and fire employees
- Direct the work of at least two full-time employees
- Manage the company, or a subdivision or department
Job duties, never job titles, are the major factor in determining whether an employee is entitled to receive overtime pay.
Overtime Lawsuits
When an assistant branch manager has been misclassified, they may be able to make a claim for unpaid overtime. Potentially, a misclassified assistant branch manager who elects to take legal action stands to receive two to three years of unpaid overtime, as well as an equal amount in liquidated damages. In other words, if an employee recovers $3500 in unpaid overtime, they may also be entitled to an additional $3500, bringing their total recovery to $6000. Attorneys' fees and costs are also available for recovery in an unpaid overtime lawsuit. However, misclassified employees only have a certain amount of time to file a claim for unpaid wages before they are barred from ever taking legal action.
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