RiteAid, CVS, F.Y.E. Managers and Ass’t Managers Owed Overtime Pay

Recently, Rite Aid and CVS pharmacies as well as multimedia retailer F.Y.E. have been faced with class action lawsuits contending that they failed to pay their store managers and assistant managers the correct overtime wages, as outlined by both state and federal laws. F.Y.E. and the pharmacies classified such employees as “exempt” from overtime pay, paid them a salary, and failed to pay such employees 1.5 times their normal rate for hours worked over 40 hours. Recent cases regarding overtime wages for store managers and assistant managers have been receiving a lot of attention as courts have been finding that such employees do not fall under the “executive exemption” that exists under state and federal laws, because the primary duties of the employees fall outside of their managerial capacity.

Other retail establishments throughout the country, like Dollar Store, Home Depot, and RadioShack among others, have been faced with similar lawsuits. Employees are alleging that while they may have the title of manager or assistant manager, they spend the majority of their time doing non-managerial tasks like working the cash register, restocking shelves, and organizing/cleaning the store. Thus, these managers would be considered “non-exempt” for purposes of state and federal overtime law.
If you work as a manager or assistant manager at CVS, RiteAid, F.Y.E., or other retail store that is not paying overtime wages for those hours that you work over 40 hours, then please contact our firm so that we can evaluate your case to make sure that your rights are being protected. You can find our contact information and other information on our website at www.pbmattorneys.com.