Assistant managers are often the backbone of retail stores, restaurants, and service industries. Many are classified as “salaried” employees, which means they receive a set weekly pay regardless of hours worked. While this classification may sound fair, employers sometimes abuse it by labeling assistant managers as “exempt” to avoid paying overtime.
If you’ve been required to work long hours without overtime pay, you may have been misclassified—and you could be entitled to significant back pay through a wage and hour claim.
Understanding Employee Classification
Under federal and state wage laws, employees are generally divided into two categories:
- Exempt employees: Salaried workers who are not entitled to overtime because they perform executive, administrative, or professional duties.
- Non-exempt employees: Hourly or salaried workers who are entitled to overtime pay for hours worked beyond 40 in a week (or beyond state thresholds).
Assistant managers are frequently classified as exempt, but in practice, many spend most of their time performing non-exempt duties. When that happens, the classification may be unlawful.
Common Signs of Misclassification
Employers sometimes give assistant managers impressive-sounding titles but assign them the same tasks as hourly employees. Signs of misclassification include:
- Spending most of your time stocking shelves, cleaning, or working cash registers
- Having little authority to hire, fire, or discipline staff
- Following strict corporate policies rather than exercising independent judgment
- Working 50–60 hours per week without overtime pay
- Being told you are “salaried” but earning close to minimum wage when hours are factored in
These situations suggest that the “exempt” classification may be a tactic to avoid paying fair wages.
Filing a Wage & Hour Claim
If you believe you’ve been misclassified, the process of filing a claim generally involves:
Step 1: Gather Documentation
- Pay stubs showing your salary and hours worked
- Job descriptions, schedules, and task lists proving you performed non-exempt work
- Emails or policies that demonstrate limited decision-making authority
Step 2: File a Complaint
- Submit a claim with the U.S. Department of Labor or your state’s labor agency
- In some cases, a private lawsuit may be appropriate to recover unpaid wages
Step 3: Calculate Unpaid Overtime
- Overtime is typically 1.5 times your regular rate for hours over 40 per week
- Misclassified employees may recover back pay for up to two or three years, depending on the circumstances
Remedies for Misclassified Employees
If your claim is successful, you may be entitled to:
- Unpaid overtime wages going back several years
- Liquidated damages, often equal to the amount of unpaid wages
- Attorney’s fees and costs
- Correct reclassification, ensuring you are paid properly going forward
These remedies can add up to thousands of dollars in compensation for long hours worked without proper pay.
Challenges in Overtime Misclassification Cases
Employers often try to defend misclassification by claiming:
- Assistant managers have supervisory authority
- Job duties qualify as exempt executive tasks
- Salaried pay already accounts for long hours
However, the law looks at what employees actually do—not just their job titles. Detailed records of your daily duties are critical in overcoming these defenses.
How PLBH Helps Misclassified Employees
At PLBH, we represent assistant managers and other employees who have been denied overtime pay due to unlawful misclassification. Our attorneys:
- Review your job duties to determine if you should be classified as non-exempt
- Collect evidence showing the majority of your work was non-exempt
- File claims with labor agencies or pursue lawsuits to recover unpaid wages
- Fight for maximum compensation and proper classification moving forward
We understand how frustrating it is to work long hours only to be told you’re not entitled to overtime, and we are committed to protecting your rights.
Take the First Step Toward Fair Pay
If you believe you’ve been misclassified as an exempt assistant manager, don’t wait to act. Call PLBH at (800) 435-7542 today for a free consultation. We’ll evaluate your case, explain your rights, and help you file a wage and hour claim to recover the pay you’ve earned.