Patricia Sloan, previously a shift manager at Taco Bell for eight years, recently filed a lawsuit against the company for overtime pay violations, according to
The Huffington Post. Sloan claims managers were at times denied pay for their
employee attendance and they were also forced to adjust time cards, bringing down totals of hours worked to avoid paying them for overtime.
If the fast-food chain is found in violation of the Fair Labor Standards Act, they could be ordered to pay overtime back wages and penalties for their non-compliance. According to the FLSA, all non-exempt workers are guaranteed certain benefits, such as minimum wage and overtime pay.
Unless an employer can prove managers fall under one of the exemptions for administrative, professional, executive, outside sales or computer work, those employees must also be paid one-and-a-half times their regular pay rate for any hours worked beyond 40 in a standard workweek.
The Department of Labor explains that subtle differences between a manager's job functions can determine the exemption status. For example, managers who supervise a function like budgeting or accounting differ from those who oversee other employees' work. To navigate these requirements, employers might want to recruit the help of professional payroll services that are familiar with the laws and can compensate employees accordingly.
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