Shift supervisors can be entitled to overtime pay, but only in limited circumstances depending on factors that are special or particular to their work situation. One of the factors is whether the shift supervisor has hire or fire authority or at least their "suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees [must be] given particular weight." This issue was discussed by the Sixth Circuit Court of Appeals in Bacon v. Eaton Corp., No 13-1816 (6th Cir., May 1, 2014). The Court did state one clear rule: "As a matter of law, an employee who merely carries out the orders of a superior to effectuate a change in status in not performing exempt ... duties."
Lexington, Kentucky overtime lawyer Robert Abell helps individuals and employees recover the overtime they've earned but not been paid: contact him at 859-254-7076.
