Supervisors are not automatically disqualified from receiving overtime pay. There are many reported lawsuits where courts have found that employers have misclassified supervisors and not paid overtime pay required by the law. In Rummel v. Highmark, Inc. 2013 U.S. Dist. LEXIS 162757 (W. D. Pa. November 15, 2013), the Plaintiff filed a class action lawsuit for unpaid overtime under the Fair Labor Standards Act (FLSA) and Pennsylvania law. The Plaintiff employee was a supervisor in a customer service unit of a call center required to work more than 40 hours per workweek for numerous reasons, including attending meetings, receiving training, completing staff merit reviews, providing training to new employees, and conducting interviews. Working overtime was a regular and required part of Plaintiff’s supervisor job and she was not compensated in any way for the additional hours that she worked.
In Rummel, the employer filed a Motion to Dismiss arguing that the Executive Exemption applied to Plaintiff’s job as a supervisor and that the employer was not required to pay overtime as she was a member of management. The Court found that the employer’s supervisors may be entitled to overtime pay because the lawsuit alleged that the primary duties were not of a managerial nature but instead supervisors functioned only as objective scorekeepers in monitoring employees’ adherence to objective performance standards which were established by the employer; supervisors were required to follow the instructions of managers, supervisors she did not plan the employee’s work, apportion work among the employees, direct the tasks that needed to be done, or determine techniques that to be used; policies, rules and standards by which employees were monitored were determined by the supervisor’s superiors; supervisors had no discretion to deviate from the policies, rules, and standards established; supervisors did not have the authority to hire or fire employees, nor make recommendations or suggestions that were given particular weight; and the work that supervisor performed did not involve the use, or ability to use, any independent judgment or discretion, nor did it require any specialized training, experience or knowledge. Given these alleged facts the court found that Plaintiff’s complaint plausibly stated a claim for relief for unpaid overtime for customer service call center supervisors employed by Highmark and denied the Defendant employer’s Motion to Dismiss .
For more information on unpaid overtime, the FLSA and Abramson Employment Law see http://www.job-discrimination.com/lawyer-attorney-1126494.html