A proposed class and collective action claims assistant sales managers and assistant store managers at Dick’s Sporting Goods retail stores are owed unpaid overtime wages.
According to the lawsuit, defendant Dick’s Sporting Goods Inc. has misclassified assistant managers as exempt from receiving overtime wages despite requiring the workers to perform essentially the same duties as non-exempt employees.
The two plaintiffs, who respectively worked as assistant managers in several of the defendant’s New Jersey and Ohio locations, claim they often spent 50 to 60 hours per week performing non-exempt tasks such as operating registers, stocking, cleaning, processing shipments, building displays, selling firearms, and unloading trucks. The two workers say they were denied time-and-a-half overtime pay even though their daily workload more closely resembled that of the sporting goods retailer’s hourly employees than a true manager as defined by the Fair Labor Standards Act.
In fact, the case says, assistant managers’ daily tasks did not include managerial responsibilities such as hiring and firing employees, exercising independent judgment regarding significant matters, planning the stores’ long- and short-term business objectives, developing policies, or carrying out major assignments. Rather, the workers’ “primary duties” consisted of “routine, non-exempt tasks” that should have qualified for overtime pay, according to the lawsuit.
The case looks to cover all assistant managers who worked at a Dick’s retail location at any time since May 4, 2017, with proposed subclasses of those who did so in Ohio since May 4, 2018 or in New Jersey since May 4, 2014.