Is Your Manager a Manager?
Should your managers be eligible for OT? The First Circuit Court of Appeals says maybe.
The case involves two managers working for Dunkin’ Donuts who are arguing that management is not their primary duty. One plaintiff has stated that he spends 90% of his time working side by side with his subordinates and that he has very little decision making authority. The Court has ruled that the question may be put before a jury.
FLSA issues are coming under increasing scrutiny. It may be a good time to audit the jobs you consider Exempt to be sure you have them classified correctly.
The First Circuit covers Maine, New Hampshire, Massachusetts, Rhode Island and Puerto Rico.