BOSTON — A group of assistant managers filed a class action suit against Dick’s Sporting Goods, Inc., alleging that the company violated the Fair Labor Standards Act (FLSA) by failing to pay them for overtime. According to the overtime suit, Dick’s misclassified the assistant managers at its Illinois locations as exempt from FLSA, and thus are liable for more than $6 million in back wages. The proposed class includes current and former assistant managers who worked at one of the company’s 23 stores in Illinois in the three years before the complaint was filed.
The lead plaintiff alleged that Dick’s Sporting Goods failed to pay him overtime even though he worked approximately sixty hours per week. At that time, the the lead plaintiff’s responsibilities consisted of mostly manual labor, including taking out trash, unpacking boxes, and stocking shelves.
Misclassified Assistant Managers
The assistant managers here were considered by the company as exempt from FLSA. The company likely considered them to be executive employees under FLSA. Such employees may be considered exempt if:
- The employee is compensated on a salary basis at a rate not less than $455 per week
- The employee’s primary duties are managing the business of the company, or managing a normally-recognized department or subdivision of the company
- The employee customarily and regularly direct the work of at least two or more other full-time employees or their equivalent
- The employee has the authority to hire or fire other employees, or their suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees must be given particular weight
Merely calling an employee a “manager” is likely insufficient. Job titles do not determine status as an exempt employee. In order for an exemption to apply, an employee’s specific job duties and salary must meet the above-referenced FLSA requirements. Here, the plaintiffs allege that despite their job titles as assistant managers, they were spending their time on work that did not fall within the criteria established by FLSA for the exemption because they were doing primarily manual work.
Exercise of Independent Judgment
The plaintiffs alleged that, in performing their duties they did not exercise much in the way of independent judgment. Under FLSA, independent judgment involves the comparison and evaluation of possible courses of action and acting or making a decision after the different possibilities have been considered. This independent judgment must be more than the use of skill in applying well-established techniques or procedures, but implies that an employee has authority to make an independent choice, free from immediate direction or supervision.
If you or someone you know is misclassified as exempt and therefore not paid overtime as required by FLSA, you should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page. Our top-rated team of wage lawyers will evaluate your situation to determine your best course of action. We will also determine if it is in your best interest to file a lawsuit against your employer. There are strict time limitations for filing, so it is important that you call our experienced attorneys today.