Flsa

In: Business and Management

Submitted By jmmacduff
Words 836
Pages 4
|Becker College |
|FLSA |
|Class V, Essay |

|Jennifer Macduff |
|12/15/2015 |

The employee working at the upscale coffee shop was promoted from Barista to Manager. The manager was reclassified as exempt and will not be receiving overtime pay. The Manager, in addition to being responsible for managing and making sure the store runs smoothly, performed non-management type work; waiting on customers, checking supplies and cleaning bathrooms. The manager feels that although they are involved in interviewing that ultimately the District Manager makes the decision. The manager is thinking that they should be considered non-exempt and be paid for overtime work.

Would this company be able to document that the store managers are exempt from the FLSA (not to mention similar state laws)?

If the employer has not adequately maintained records the court could accept the Managers claim and give the employer the burden of disproving the allegations. Under FLSA the employer automatically bears that burden. The company should be able to document that the Manager’s primary duty is managing the store, that they direct the work of two or more employees and has the authority or input into hiring, firing and advancement of employees.

The rule of thumb is that the exempt employee devotes substantial time to supervision. That includes training workers,…...

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