A complaint alleging that employees were misclassified as managers and regularly worked more than 40 hours per week had sufficient allegations to keep the Fair Labor Standards Act (FLSA) collective action for overtime alive, the Second U.S. Circuit Court of Appeals determined.
A group of 13 former employees at a New York retailer, all of whom had titles with the term “manager” (including “assistant floor manager,” “floor manager” and “sales manager”), alleged that they were misclassified as exempt managerial employees and not paid overtime as required by the FLSA.
Despite their job titles, the plaintiffs said their actual duties were non-managerial. They also claimed that they were not completely relieved from duty during lunch breaks and frequently worked additional hours that were not part of their regular schedules.
For example, employees that worked the closing shift were required to engage in “post-work duties” such as drafting and sending end-of-day reports and messaging clients, which added roughly five hours per week; employees also worked an additional three hours per week handling shipments of merchandise as well as extra hours when a seasonal changeover of merchandise occurred.
The employer moved to dismiss, arguing that the plaintiffs failed to allege the number of hours an employee worked with the requisite level of specificity. The district court agreed, granting the motion.
But the federal appellate panel reversed.
“Where the Plaintiffs plausibly allege that...
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