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Tampa Personal Injury Lawyers / Blog / Employment Law / Target Accused of Understaffing, Denying Overtime to Assistant Managers

Target Accused of Understaffing, Denying Overtime to Assistant Managers

Overtime

A Target in Minneapolis is facing a lawsuit alleging that the company misclassified some of its employees and failed to pay overtime wages. The lawsuit, which was filed in federal court on Monday, features four assistant store managers known as executive team leaders. According to the complaint, the company violated state and federal labor laws, including the FLSA.

The lawsuit contends that the plaintiffs worked as executive team leaders for the company but spent most of their time performing nonmanagerial tasks while on the job, and were therefore, improperly classified as exempt employees and should be entitled to overtime pay. The lawsuit further contends the target’s executive team leaders spent most of their time performing tasks such as stocking shelves, unloading trucks, fulfilling online orders, and assisting customers at the register— all without receiving overtime pay, which is a violation of the U.S. Fair Labor Standards Act (FLSA).

The complaint also accuses Target of purposefully understaffing their stores to save on labor costs, which required the company’s ET LS to pick up hourly employee workload while still being classified as salaried managers without overtime protections. The plaintiffs are asking the court to find that Target violated the overtime provisions of the FLSA and recover unpaid back wages for overtime hours that they worked.

This is not the first time that Target has been sued over alleged overtime pay violations. This new lawsuit references two previously filed lawsuits that are currently ongoing. Both of these lawsuits make similar claims that Target misclassified executive team leaders and denied them overtime wages despite their routine job duties being more in line with hourly positions. Target has yet to file a response to the lawsuit and has not responded to requests for comment.

Understanding overtime misclassification lawsuits 

Workers are sometimes told by their employers that they are either independent contractors or they are executives, when in fact they do the work of a typical hourly employee. A company that does this does not have to pay overtime to the worker. But they can still require the worker to work more than 40 hours a week. The FLSA is a piece of legislation that makes it possible for workers to hold their bosses accountable for misclassifying them to avoid paying overtime.

The Fair Labor Standards Act is the federal law that governs the payment of wages to employees under the FLSA, an employee is entitled to overtime wages unless the employer can establish that the worker is exempt from overtime. For a worker to be exempt from overtime, the worker normally has to be paid a guaranteed salary and also to perform certain duties. This means that if an employee is not paid a guaranteed weekly salary, the employee could be entitled to overtime wages. In addition, if the worker does not perform specific duties, then the worker could be entitled to overtime pay.

In the aforementioned lawsuit, the workers from Target are alleging that Target failed to pay them overtime pay despite the fact that they were doing the duties of an hourly worker.

Talk to a Tampa FL FLSA lawyer today 

Florin Gray represents the interests of workers who have been misclassified as independent contractors or executives and denied overtime pay by their bosses illegally. Call our Tampa employment lawyers today to schedule an appointment, and we can begin discussing your right to file a lawsuit right away.

Source:

kare11.com/article/news/local/target-owes-assistant-store-managers-overtime-pay-lawsuit/89-db7891ae-7931-471b-bc83-80da9838a479

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