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Woman seeks unpaid overtime for being misclassified as a manager

Most employees have the goal of being promoted into management positions in the hopes of more authority and better wages. Unfortunately, some companies abuse the manager title as a way to avoid paying employees for overtime. An employee of Brahler's Trucking Supply outside of Florida alleges that when her title was changed to manager, she was the victim of wage theft because she was misclassified. She has filed an unpaid overtime claim against the company in a federal court.

The woman claims that the company changed the title of her employment position to manager, but she asserts that the title does not fit what she actually does. She alleges that she does not have any authority over other employees, nor does she supervise them. She claims the title is inappropriate and was simply used a device to avoid paying her overtime.

Additionally, she alleges that the owners approached her and said that the state government was attempting to have employees in positions like hers be paid on an hourly basis. Even though the plaintiff continued to perform the same duties as she had been for years, she was converted from salary to hourly pay. She claims that she should never have become a salaried worker or exempt from overtime.

The lawsuit alleges that the misclassification claimed is a violation of the Fair Labor Standards Act. She seeks compensation for the unpaid overtime which she claims she is owed. The FLSA has specific guidelines to assist in determining if workers with a managerial title in Florida or another state should be exempt from overtime. In similar situations, if employees believe that they have been incorrectly classified, an employment law attorney can provide guidance and assistance with regard to any potential wage claims.



Source:, "Federal suit seeks past overtime pay", Dec. 18, 2015

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