MIAMI — On June 2, a federal court certified a class of Burger King employees who may now move forward in a class action overtime lawsuit against their company. The court ruled that the employees sufficiently showed that there are other similarly-situated employees who would be able to allege violations of the Fair Labor Standards Act (FLSA). The employees in the class consisted of trainee coaches and sales and operations coaches who were misclassified as exempt from overtime. These employees had the same job titles, and the violations occurred during the same time period that Burger King decided to classify all trainees and coaches as exempt and thus, subjected them to the same policies and procedures.
Executive Employee Exemption
Burger King classified the trainee and sales and operations coaches as executive employees under FLSA, which makes them, therefore, exempt. In order to qualify for the executive employee exemption, the following must be met regardless of the employee’s job title:
- The employee’s compensation must be on a salary basis at a rate not less than $455 per week;
- The employee’s main duty must be managing a recognized department or subdivision of the company;
- The employee must supervise at least two or more full-time employees on a regular basis;
- The employee must be able to hire or fire other employees or, at least, have substantial input on the change of status of employees, i.e, hiring, firing advancement, promotion, etc.
The key to qualify for the executive employee exemption is actual management responsibilities. According to the Wage and Hour Division, which is the agency within the Department of Labor tasked with enforcing FLSA, management includes includes, but is not limited to, activities such as:
- Interviewing, selecting, and training of employees;
- Setting and adjusting their rates of pay and hours of work;
- Directing the work of employees;
- Appraising employees’ productivity and efficiency for the purpose of recommending promotions or other changes in status;
- Handling employee complaints and grievances and disciplining employees;
- Planning the work, which may involve determining the techniques to be used, apportioning the work among the employees, determining the type of materials, supplies, machinery, equipment or tools to be used or merchandise to be bought, stocked and sold, and controlling the flow and distribution of materials or merchandise and supplies;
- Providing for the safety and security of the employees or the property.
Duties of Training and Sales and Operations Coaches
The employees in the certified class allege that Burger King intentionally and repeatedly violated FLSA by denying overtime benefits to trainee coaches and to sales and operations coaches. According to the lawsuit, these employees did not perform supervisory or administrative duties and were mostly doing menial tasks. These tasks included flipping burgers, operating cash registers, cleaning bathrooms, and greeting customers.
If you or someone you know is misclassified as an exempt employee and has a claim for unpaid overtime wages, 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.