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Top Overtime Wage Attorney Reply: Am I Entitled To Overtime If I’m A Manager In Name Only?

| Oct 1, 2014 | minimum wage violation, overtime time violation |

Best Ohio Overtime Wage Lawyer Answer: Am I an exempt employee for overtime? Can my job avoid paying overtime by calling me a manager even though I don’t actually manage anyone? What should I do if I am owed overtime by my company? Who is the best wage and hour attorney in Ohio?

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Picture this: a love struck young girl on a balcony musing, “Oh Romeo, Oh Romeo, wherefore art thou Romeo?”  This classic scene originates from an extremely well-known Shakespearean drama, “Romeo and Juliet.”  It has been recreated by a wide range of artists and entertainers for hundreds of years, including inspiring operas and symphonic works such as Tchaikovsky’s famous, “Love Theme,” movies such as Romeo + Juliet, starring huge names in Hollywood like Leonardo DiCaprio and Claire Danes, plays, books, and hit songs like Taylor Swift’s, “Love Story.”

But further on in the monologue, Shakespeare penned other famous lines, such as when Juliet questions, “What’s in a name? That which we call a rose by any other name would smell as sweet.”  And although you may recognize this line, you are probably wondering what all this has to do with employment law.  Here goes:

Recently, a former employee of the grocery store chain, Price Chopper, filed a law suit against the company alleging that she failed to receive overtime pay.  The grocery chain claimed that the employee was not entitled to receive overtime due to an exemption for employees in management roles.  Although the employee seeking to recover her lost wages held the position entitled, “ department manager” a question still remains over whether the exemption truly applies.

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As we have blogged about in the past, an employer who is subject to the requirements of the Fair Labor Standards Act (“FLSA”) is required to pay nonexempt employees time and one-half their regular hourly rates for all hours worked beyond 40 per week.

In order for an employer to meet an exemption to the FLSA, the employer is held to strict and exact standards, simply put, there really isn’t wiggle room around the requirements.  Requiring strict adherence to the rules is meant to protect employees from a boss using an overtime exempt management title for an employee who really doesn’t meet the exemption. This means that simply because a company slaps a manager title on an employee or even give him or her a salary, does not mean that it can avoid rightful overtime pay at time and a half.

In the case of Price Chopper, it will need to be determined if the employee was actually employed in a management exempt position, or if she was simply a non-exempt employee with a fancy title.  When it comes to the FLSA requirements–and Juliet’s question alike–there really isn’t much to a name.  An employer cannot try to chop costs at the expense of failing to pay employees overtime.  Pretty much, if it looks like a duck and walks like a duck, or if it looks like a rose, and smells like a rose… it must be a rose.

In most FLSA cases, the title or name given to an employee doesn’t matter as much as the employee’s actual duties.  And remember, if you have a question relating to whether you meet an exemption to the overtime requirements the best thing to do is seek advice.

If you believe that your employer is not paying you all of your wages for all of your lawfully earned overtime compensation at a rate of one and half times your normal wages as requires under the Federal Fair Labor Standards Act or Ohio Minimum Fair Wage Standards laws or you are an nonexempt employee that has been misclassified as exempt or independent contractor, contact the attorneys at The Spitz Law Firm today for a free and confidential initial consultation. The wage and hour lawyers at The Spitz Law Firm will provide you with the best options for your overtime pay dispute situation.  If you even think that you may be entitled to overtime pay that you are not being paid, call 866-797-6040.

Disclaimer:

The materials available at the top of this overtime, wage and hour web page and at this employment law website are for informational purposes only and not for the purpose of providing legal advice. If you are still asking, “Am I entitled to overtime?”, “Does my job have to pay me for …”, “My paycheck is not right…” or “What do I do if…”, the your best option is to contact an Ohio overtime attorney to obtain advice with respect to FLSA questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at the top of this page or through this site are the opinions of the individual lawyer and may not reflect the opinions of The Spitz Law Firm, Brian Spitz, or any individual attorney.