Many retailers and service providers have reduced their footprint to make more use of small storefronts, kiosks, even mobile “carts” to sell their goods and services.
Usually, just one employee – maybe two during peak hours – are working at these locations. Frequently, that one person is the “manager” and is classified as exempt, so that they receive a salary but no overtime pay when they work more than 40 hours in a workweek.
However, even if the employer calls them a “manager,” to avoid paying them overtime, the law requires that an exempt classified manager has to supervise at least the equivalent of two full time employees (FTEs). So, the “manager” of a small storefront in a shopping center or a kiosk at the mall MUST still be paid overtime if they only supervise one other full-time employee.
If the manager works with part-time employees, their employer has to add up the hours that the part-timers work to see if the manager meets the “two FTE” requirement. The test requires that the “manager” supervise at least 80 hours per week of others working for the employer. If the associates work less than 80 hours per week total, then they are not two full-time equivalent employees. For example, if a manager works at a small store and works with three part-time employees, each working 24 hours a week, then the “manager” only manages 72 hours of work a week – less than the 80-hour requirement – the manager must be paid overtime pay whenever he or she works more than 40 hours in a week.
Are you a salaried small storefront or kiosk employee ? If so, you may claim unpaid overtime wages for the past three (3) years, plus an additional equal amount of damages (i.e. double damages) under the federal law known as the Fair Labor Standards Act (“FLSA”) if your store was not sufficiently staffed. The FLSA also provides for the employer, not you, to pay any attorney’s fees and costs incurred.
If you are interested in pursuing recovery of such damages for your unpaid overtime wages please contact us today at [email protected], or call us directly at (800) 616-4000 for a free consultation. At Shavitz Law Group, we have helped thousands of workers stand up for their right to be fairly compensated. YOU EARNED IT, NOW LETS GO GET IT.