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News | Feb 28, 2011

Recent Tennessee Decision Reiterates that Store Managers can be Entitled to Overtime Pay

I just read a November 18, 2010 decision by Middle District of Tennessee Judge Aleta A. Trauger denying Dollar General’s motion for summary judgment in an FLSA case in which a store manager alleged that she was entitled to overtime pay. Like judges in similar cases, Judge Trauger emphasized that the “store manager: job title alone does not render an employee overtime-exempt. In courthouses accross the country, retail and banking managers and assistant managers continue to foght for their overtime rights and to allege that they have been misclassified as exempt from federal and state overtime laws. These cases are especially compelling when the misclassified employee is merely the assistant manager of a store or bank. Our firm handles many such cases. For example, working with co-counsel, we represent over 1,000 assistant managers currently and formerly employed by the Rite Aid drug store chain. We also represent hundreds of assistant branch managers employed by Citizens Bank.

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