Do You Qualify for Overtime Pay even if your Title is Retail Manager?


Working in the retail industry is hard and often, requires that retail managers work long hours on their feet performing physical work and providing customer service.  The job can be stressful and exhausting.  Unfortunately, many retail managers are not paid overtime wages if they work more than 40 hours a week.

Retailer Employers try to take advantage of an exception to the “general” rule that employees must be paid overtime wages by claiming that managers “primarily perform” managerial work.  However, it is often the case that retail managers spend most of their time performing the same duties as hourly employees like customer service, stocking products on shelves, cleaning, and cashiering.  Retail managers who primarily perform the same functions as hourly employees can claim unpaid overtime wages.

The overtime laws also require that managers have managerial discretion in performing their duties.  However, retailers often do not provide enough leeway to retail managers and micromanage them with hundreds of systems and procedures.  While these policies may help the retailers establish consistency in their brands, the policies serve to take away managerial discretion from retail managers.  When this happens, retail managers likely have a claim for unpaid overtime wages.

In recent years, retailers have paid substantial settlements to settle lawsuits claiming that retail managers should have been paid overtime wages.  The Shavitz Law Group has been at the forefront of these lawsuits and has represented thousands of retail managers who have claimed that retailer employers were wrong to deny them overtime wages.  Our firm has recovered tens of millions of dollars for these managers.

If you work or worked as a retail manager, please contact us at info@shavitzlaw.com or (800) 616-4000 to discuss your experience.  We represent workers on a contingency basis meaning that we only receive payment if we get you a settlement or win in court.

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