Sometimes a manager who has the authority to supervise according to a job description is not exempt from overtime requirements under the Fair Labor Standards Act (FLSA).
The 2nd U.S. Circuit Court of Appeals ruled a building manager who attended management meetings and supervised and directed others could still be entitled to overtime pay under the FLSA.
Originally, the district court dismissed the employees FLSA claim but the appeals court disagreed. The appellate court felt because the plaintiff had testified that 90 percent of his work was nonsupervisory physical cleaning, Total Management Solutions (TMS) could not conclusively establish that his primary duties involved management activities. The appellate court also stated the district court erroneously disregarded the plaintiff’s testimony.
The appellate court’s decision to vacate the dismissal does not establish the plaintiff proved his claim but only that he presented enough evidence to dispute he was employed in an executive capacity exempt from the FLSA’s overtime wage provisions.
To ensure compliance with the FLSA, employers should conduct periodic analysis of exempt employees’ actual job duties.
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