Lawsuit Argues Tuesday Morning Store Managers Should Not Be Exempt from Overtime Pay

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A Florida man is behind a proposed collective action against Tuesday Morning, Inc. in which he argues he’s entitled to time-and-a-half overtime pay despite his store manager job title. The plaintiff, who’s been employed by Tuesday Morning since 2011, claims he is “severely limited” in the number of hours at his disposal to run the store, which, more often than not, requires him to spend the majority of his time performing the same tasks as cashiers and other lower-level workers. According to the complaint, the plaintiff’s true job duties—stocking shelves, unloading deliveries, cleaning, and customer service—do not allow for an exemption to the Fair Labor Standards Act’s (FLSA) overtime regulations. To this end, the lawsuit charges that Tuesday Morning has violated the FLSA by willfully misclassifying its store managers as exempt from time-and-a-half overtime pay for hours worked past 40 each week.