Dollar Tree Store Managers’ ‘Menial’ Tasks Don’t Allow for OT Exemption, Lawsuit Argues

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A New York man alleges in a proposed class and collective action that defendant Dollar Tree Stores, Inc. owes unpaid overtime wages to store managers misclassified as exempt because the workers’ job tasks aren’t that different than those of non-exempt employees. From the lawsuit:

“Dollar Tree requires its Store Managers to spend nearly all of their time performing the same menial tasks performed by the company’s non-exempt, hourly workers, for example stocking shelves, unloading merchandise, operating cash registers, helping customers, and cleaning.”

The plaintiff argues Dollar Tree store managers lack “any independent authority” and have little discretion over their own job functions. The true managerial duties of Dollar Tree stores, the plaintiff continues, rest primarily with district managers, who have the ultimate say over hiring and firing, employee reviews, physical setup of stores, expenses, and work schedules. 

The plaintiff, citing alleged Fair Labor Standards Act (FLSA) violations, claims despite the true nature of store managers’ jobs, Dollar Tree nevertheless chooses to classify these workers as overtime-exempt, paying them the same weekly pay rate regardless of the number of hours worked, to keep labor costs low.