Assistant Managers & Supervisors

To avoid paying overtime, some companies put the word “manager” or “supervisor” in the job title, and in turn, pay the employee a set salary with no overtime.  Under the law, job titles or job descriptions do not determine whether someone is owed overtime or not.  A decision by a company to pay a set salary and no overtime has no bearing under the law.  Whether an employee is owed overtime is based on what they actually do at work each day, their authority, and their discretion at work.  Often, employees with “manager” or “supervisor” in their job title do not actually perform the type of work that makes them exempt from being paid overtime.  These people would be “misclassified” under the law and owed overtime.  Donelon, P.C. has litigated and settled numerous class actions for misclassified employees.  Recently, Donelon, P.C. (after trial and verdict for the class members) settled a case for $8.35 million against Steak-N-Shake restaurants for misclassifying its “Managers”: Drake, et al. v. Steak-N-Shake, Inc.

If you are being denied overtime pay for hours worked over 40, you need to know why.  Your employer has the burden of proving that it should not be paying you overtime.

For more information: contact us.