Discount store managers sue employer for back wages

A group of managers is filing a lawsuit against several Pennsylvania locations of a national discount store chain. The workers claim they were misclassified as exempt, despite performing the same tasks an hourly employee might, such as stocking shelves and cleaning bathrooms.

According to the Pittsburgh Post-Gazette, the plaintiffs claim the store labeled them as managers to avoid paying overtime. All of the 14 employees alleged working over 40 hours per week. Several worked more than 80 hours per week and were not compensated with time and a half pay. Due to long hours on a set salary, the workers consistently made less than minimum wage.

Several workers described sleeping at the store in order to complete all assigned tasks, western Pennsylvania new source Trib Live reported. One employee claimed he slept in the store because he was expected to make early morning deliveries, and then work a 12-hour shift that included monitoring the cash register, cleaning the bathroom and retrieving shopping carts from the parking lot. While logging a significant number of hours, true managerial duties made up only about 5 percent of employees' time on the job.

The plaintiffs are asking for compensation for overtime hours and additional damages.

In order to prevent lawsuits, employers need to ensure that workers are classified correctly based on the job duties they perform. To maintain records of employee time, supervisors should use attendance software.


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