One of the most common scams or tactics used to try and get out of paying an employee overtime is by misclassifying them as exempt. An overtime lawsuit filed against a restaurant chain out in Nevada is a good illustration.Cooks and Kitchen Managers were classified as "executives" and therefore were misclassified as exempt from overtime, the suit claims. In essence, the suit against Bully's Sports Bar, a large chain of sports bars in Nevada, claims that the employees had job titles suggesting management responsibilities but did not actually have or exercise management responsibilities.
Source: San Diego Union-Tribune
The "executive" exemption to overtime applies basically to employees who actually have and exercise supervisory or management duties. Here is some more information about misclassification of employees and overtime requirements:
Is a shift supervisor entitled to overtime?
Is a First Assistant Manager Exempt from Overtime?
What is the Administrative Exemption to the Overtime Pay Requirement?
Lexington, Kentucky overtime lawyer Robert Abell helps employees and individuals recover the overtime and wages they've earned but not been paid; contact him at 859-254-7076.
