North Carolina and Federal law mandates that employers pay their workers at least minimum wage with the payment of overtime for hours worked over 40 per week. There are certain exceptions to this rule for those in Executive and Administrative positions, including exceptions for employees who have management as their primary duty. However, simply having a “manager” label does not exempt employers from overtime provisions. If you are an employee who is not being paid overtime because your company claims you are a manager, contact the Raleigh overtime lawyers of Maginnis Howard.
Many employers use the Executive Exemption to refuse to pay managers their required overtime pay. “Managers” and “assistant managers” are regularly paid a salary and expected to work over 40 per week. Oftentimes, companies violate the law by not paying overtime to those managers.
Many managers have very little decision-making authority, with their primary duties including tasks such as unloading delivery trucks, stocking shelves, operating a cash register, and mopping the floor. Employers claim that these managers are still in charge even though they perform non-managerial duties. Many courts have ruled that an employee is not exempt from the Fair Labor Standards Act simply because they have a managerial title.
A manager must generally have the authority to hire or fire employees, or have the ability to offer suggestions and recommendations regarding hiring, firing, advancement, or promotion of other employees with “particular weight” given their suggestions or recommendations.
Determining whether managers are properly exempted from overtime pay requires a fact intensive inquiry into the actual job duties of the employee. If your employer asserts that you are a manager and does not pay you overtime, contact the overtime attorneys at Maginnis Howard. Maginnis Howard is a Raleigh civil litigation firm whose attorneys handle cases throughout Wake County, Cary, Apex, Durham, Vance County, and Henderson. The firm takes certain wage and hour/overtime cases throughout North Carolina, particularly when groups of workers are involved. Send a message to our intake team through our contact page or call us at (919) 526-0450.