Do Assistant Managers Have the Right to Overtime Pay?

Some businesses think that if an employee has the title of assistant manager, they are not entitled to overtime pay. Instead many business paid the "assistant manager" a salary no matter how many hours a week they work. However, according to the Fair Labor Standards act the title of an employee is not important. What is important is what type of job duties the employee actually performs. In other words, if you have the title of "manager" but no real management powers then you may be entitled to overtime pay. Can you hire, fire, set schedules or give raises? If not, then you may be entitled to overtime pay under the FLSA. If you or someone you know feels that you have been wrongly denied overtime pay because of your job title, then you should talk to a Tennessee employment and overtime pay lawyer immediately. They will hear your claim and help you get the compensation you may be eligible for.

What criteria make assistant managers exempt from overtime pay requirements?

The only way that an assistant manager would be exempt from overtime pay under the Fair Labor Standards act would be if they meet the criteria for what is known as an executive employee exemption. These criteria may include but are not limited to:

  • The worker needs to be paid a salary of not less than four hundred and fifty-five dollars a week
  • The worker’s main job tasks must be to manage the business or to manage a certain department or portion of the business
  • The worker’s job must involve them directing at least two or more full time workers in their jobs on a regular basis
  • The worker must have the right to hire or terminate other workers or their suggestions or advance in the hiring, terminating or promoting of other workers must be taken into serious consideration by their boss or supervisor

Many assistant managers do not meet the criteria for this overtime pay exemption because they often do not primarily manage the business or company as part of their job. They are often expected to work the same amount of time or more as other regular hourly paid workers. They also usually do not oversee two or more workers as part of their job on a regular basis and they may have no authority when it concerns who to hire for the company or which workers need to be terminated. It also important to note that job title does not determine whether or not an assistant manager qualifies for overtime pay, only the tasks they perform are used to determine this.

What are some of the tasks expected of most assistant managers?

An assistant manager may be required to perform many tasks as part of their job including but not limited to:

  • Interviewing and training potential employees
  • Determining how much pay they receive and their schedule
  • Supervising other workers
  • Making sure production and sales quotas are met
  • Reviewing workers’ performances
  • Handling worker problems and issues
  • Ordering supplies and equipment for the company
  • Making sure all workers are following safety guidelines
  • Handling the company’s budget and expenses
What can I do if I have been denied overtime pay by my employer?

If you are an assistant manager or supervisor of any kind and feel that you have been denied the right to overtime pay, you need to speak with a Tennessee employment and overtime pay attorney with the Higgins Firm as soon as possible. We care about our clients and how hard they work for their pay and will listen to your case and determine if you are eligible for back pay for overtime you failed to receive in the past. If you are eligible, we will work with you to make sure you receive the compensation that is rightfully yours under the Fair Labor Standards Act.

Contact us online or call us at 800.705.2121 to set up a FREE consultation to discuss your legal options.