In October of 2012, two women brought an FLSA overtime case in the U.S. District Court for the Western District of Kentucky alleging that they were owed overtime payment. (See Barker v. Family Dollar, Inc., 2012 WL 5305335, (W.D. KY 2012)).
In this Louisville FLSA overtime case, the Plaintiffs were store managers to a Defendant’s store. The Plaintiffs claimed they worked in excess of 40 hours per week and thus were entitled to overtime payment. The Plaintiffs in the case were both working over 40 hours per week, closer to 60, and both had a base salary of over $455/week.
“Kentucky wage and hour laws classify employees in two categories: exempt and nonexempt. Id. Plaintiffs argue that they are store managers in name only but in actuality performed the same duties as clerks or assistant managers, but did not receive the corresponding nonexempt benefits of overtime payment. So, the main question in this case is whether the Plaintiff were functionally store managers.
A store manager for this Louisville FLSA overtime case was basically responsible for the overall daily operation of a store including hiring, development, supervision, discipline, and safety. Id.
Pursuant to KRS Section 337.285, “No employer shall employ any of his employees for a work week longer than forty (40) hours, unless such employee receives compensation for his employment in excess of forty (40) hours in a work week at a rate of not less than one and one-half (1-1/2) times the hourly rate at which he is employed.” But, Defendants point out to an exception under KRS section 337.010(2), which defines who an employee is and who is not an employee and clearly states that an employee shall not include “a bona fide executive, administrative, supervisory, or professional capacity, or in the …” Also, the Kentucky Department of Labor has a regulation stating that the supervisor exclusion applies to any employee whose primary duty consists of customarily and regularly directing the work of two or more employees and who is paid at a base rate of not less than $455 per week. Id.
So, the court in this Louisville FLSA overtime case saw that the Plaintiffs did supervise more than two employees and did make more than $455/week. Also, though the Plaintiffs did do clerical work and so forth, that their primary duty of managing the employees was in essence their principal or main duty and that trumped the fact that they did do the other clerical work. Thus, the Court dismissed Plaintiffs’ case.
Also, the Court was asked to look into whether the Defendant violated KRS section 337.365 which holds that the employee was entitled to a ten-minute rest break every four hours. The court found that no such evidence existed to support Plaintiffs’ claims that they were not allowed to take such break. So, the court dismissed this Louisville FLSA claim as well.
If you have been the subject of a Louisville FLSA overtime case, please call and speak to a Louisville FLSA overtime lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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