Misclassification of employees as exempt from overtime is a common violation of overtime laws.  The job title of manager does not dictate that the position is exempt from overtime requirements. 

So-called first level managers at AT & T have filed a class action lawsuits seeking more than a billion dollars of unpaid overtime from AT & T.  The lawsuit claim that AT & T misclassified their positions as exempt from overtime, arguing essentially that they neither possess nor exercise enough discretion and judgment to qualify for the "executive" exemption to the overtime requirement. 

Source: New York Times, Atlanta Journal-Constitution

Present and former store managers of Dollar General recovered more than $35 million in an unpaid overtime class action lawsuit last year as reported on the Kentucky Employment Law Blog, "Overtime Case Yields $35 Million To Dollar General Store Managers."  The case is Morgan v. Family Dollar Stores, Inc., No. 07-12398 (11th Cir. December 16, 2008).


Lexington, Kentucky overtime lawyer Robert Abell represents employees in overtime cases.

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