In the retail industry, many employees designated as “managers” spend the majority of their workday performing the same duties as their hourly retail worker counterparts at the store. Retail managers are responsible for placing merchandise on the floor, security guard functions, sales, cashiering, and assisting customers. They usually work in accordance with  strict policies and procedures that dictate how they perform their work duties. The more control the company or store manager exercises over how these retail workers perform their jobs, the harder it is to deny the employee overtime compensation.

Positions Commonly Misclassified in Retail Stores

  • Assistant Store Manager
  • Asset Protection Manager
  • Department Manager
  • Sales Manager
  • Loss Prevention Manager
  • Sales Manager
  • Lead
  • Assistant Lead
  • Selling Manager
  • Visual Manager
  • Operations Manager
  • Display Coordinator
  • Customer Service Manager
  • IT Manager
  • Store Director
  • Inside/Outside Sales
  • Assistant Store Director
  • HR Manager
  • Managers in Training

Employers are often tempted to try to avoid paying managers overtime because these positions often involve long hours; and to avoid it, they title them “managers” and designate them as “exempt.” Nonetheless, an employee has the same job responsibilities as other hourly employees and does not have true management responsibilities; the law considers them to be non-exempt employees. They should be paid overtime.

Am I Really a Manager or Should I Be Paid Overtime?

Most retail workers, regardless of their job title are entitled to overtime pay through the federal Fair Labor Standards Act (FLSA). The more time you spend performing the same or similar work as hourly employees, the more likely it is that you’ve been misclassified. If you spend your days filling in forms, and performing work in accordance with strict company procedures and guidelines, the more likely it is that you’ve been misclassified. If your job does not require you to regularly hire, fire, and truly independently supervise other employees, the more likely it is that you’ve been misclassified.

Contact us to make sure that you are getting paid what you deserve. The longer you wait the less unpaid overtime you can recover under the law. Call today for a free evaluation.