|March 1, 2012 | www.fisherphillips.com|
Most small box retailers treat the manager of each individual location as an exempt employee under the "managerial exemption" of the Fair Labor Standards Act. As such, the store managers are not paid for hours worked over 40 in a workweek. Many small retailers, those with stores typically between 7,000 and 10,000 square feet, have been assaulted with litigation from current and former store managers claiming they are not exempt employees. This article takes a closer look at two cases that came to diametrically different results based on very similar facts.