Are Human Resources managers exempt from the requirement that they be paid overtime compensation?

Human Resources managers for Lowe's home improvement have filed a class action lawsuit seeking recovery of unpaid overtime.  The basis for the suit is that the HR managers for Lowe's did not in fact have or exercise managerial authority in the hiring, firing or disciplining of employees; instead, the complaint alleges that the so-called HR managers actual duties included such non-managerial duties as cleaning bathrooms, greeting customers and various custodial tasks. 

The class action was conditionally certified by U.S. District Judge Virginia M. Hernandez Covington; the case is styled Lytle v. Lowe's Home Centers, Inc., No 8:12-CV-1848 and is pending in the U.S. District Court for the Middle District of Florida. 

Source: Human Resource Executive Online

This appears to be a classic case where the company, Lowe's, has misclassified its HR managers as exempt from overtime pay requirements because of their job title -- manager -- and because they are paid a salary. Being called a Manager and being paid a salary does not mean that you are exempt from overtime pay requirements. This kind of misclassification is one of the most common violations of overtime laws.

Lexington, Kentucky overtime lawyer Robert Abell represents employees and individuals seeking the overtime pay they have earned but not been paid; contact him at 859-254-7076. 


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