Work in the retail sector can be unforgiving. There are customers to help, shelves to stock, floors to clean, plan-o-grams to complete, customers to ring up, and trucks to unload. This means many hours of work and, in the case of assistant managers, department managers and other second-tier managers, many hours of overtime work for which they are paid the same, flat salary, and no overtime wages.
Assistant managers are routinely “misclassified” as exempt (and paid a salary) when, in fact, they spend the majority of their time performing the same type of work as their hourly-paid colleagues who are eligible for overtime. As a result, employers save millions of dollars each year by not properly classifying assistant managers as non-exempt and paying them overtime. This is particularly true where assistant managers have no say over how their store or department is run, do not make hiring and firing decisions, and have little involvement in supervising employees. Misclassifying employees as exempt and denying them overtime compensation is illegal.
In Pennsylvania, and throughout the country, wage and hour laws require that employers pay their non-exempt employees overtime wages equivalent to one-and-a-half times their regular hourly rate for all hours worked above 40 in a week. This can add up to considerable back wages, particularly given that federal and Pennsylvania law permits employees to go back as far as three years to recover their unpaid overtime compensation.
Jason Conway has recovered millions of dollars in unpaid overtime compensation for assistant managers and is currently representing individuals from across the county in connection with such claims. Your work is important. Ensuring that you are properly paid is important to us. If you are owed wages, contact Jason Conway. While we cannot complete a plan-o-gram, we can complete a plan to return your wages. We are experts in recovering unpaid wages.