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Robert S. Norell, P.A. Motto
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Warehouse Manager Recovers $13,000 in Unpaid Overtime

A warehouse manager for a major food distributor recovered $13,000 in unpaid overtime. In this case, the client was a manager who really should have been exempt from overtime. The employer lost the exemption because, while it appeared that the client was paid a salary, in reality he really wasn’t. The employer paid the client a base salary, but also paid the client a straight hourly rate for all hours over 40. In addition, there were some situations where the employer docked the client’s base salary. This situation is commonly referred to as a failed exemption case.

Just because you are paid a salary doesn’t necessarily mean that you are not entitled to overtime. There are strict rules that employers must comply with when claiming an exemption from overtime. If you work over 40 hours per week, and you are a manager or if you are paid a salary, contact an experienced wage and hour attorney to evaluate your situation. Exemption cases are very fact specific, so be sure to consult with a professional so that you can be sure that you are being treated fairly under the law.

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