Our firm has filed several new Tennessee cases over the past few months involving employees who are not being paid overtime. It seems that some employers are cutting corners in these hard economic times. It is too bad that some are doing so illegally and at the workers expense.
In several of these cases the workers have been classified as “managers” or “supervisors”. Unfortunately, it is our belief that these workers are not managers and should therefore be receiving 1.5 times what they normally earn for all hours over 40 hours per week.
There are multiple factors to consider when determining if you should be receiving overtime or if you are exempt as a manager. One of the key factors is simply to look at your job duties. Does the worker really “manages” or “supervises” other employees. A supervisor who has no control over co-workers, can’t control how they do their work, or who has no decision making authority with regard to how the work is conducted may not be exempt from overtime.
If you just are not sure if you should be receiving overtime I would suggest you contact attorney who has experience with these case. Feel free to contact one of the lawyers at our Tennessee office to have a confidential discussion of your potential claim