Misclassified Manager at Local Art Gallery Recovered $16,000 in Unpaid Overtime Wages
A manager at a local art gallery recovered $16,000 overtime and liquidated damages. In this case, the client worked approximately 50 hours per week. Although the client’s job title included the word “manager,” his job duties were not so much managerial. In addition, the client did not manage or supervise employees. In order to be an exempt manager under the Fair Labor Standards Act (FLSA), a manager must supervise at least two (2) full-time employees, or the equivalent thereof (2 part-time and 1 full-time, for example). Exemptions are strictly construed by the courts such that an employer cannot classify an employee as exempt if the job duties do not meet the legal elements of the exemption. In this case, it was clear that the executive (or managerial) exemption could not apply. Once there is a failed exemption, an employee is entitled to overtime. In addition to unpaid overtime, an employee is entitled to liquidated damages (an amount equal to the unpaid overtime owed), and reasonable attorney’s cost and fees. If you believe that you were misclassified as exempt by your current or former employer, call wage and hour attorney Robert S. Norell for a free case evaluation.