HAVE A CASE YOU'D LIKE REVIEWED? contact US (212) 206-8166


You may have just been promoted to “assistant manager” or “shift supervisory” only to find yourself spending most of your time on the same tasks assigned to hourly employees who get paid overtime. It is common that assistant managers are told that they are exempt from overtime, and are forced to work long hours without any compensation above their regular or base salary. This could be illegal. Many employers have given their employees titles like “assistant manager” or “shift supervisor” to avoid paying overtime.

New York Assistant Manager Misclassification Lawyer

For employees like assistant managers and shift supervisors, employers typically rely on the “executive” exemption under the FLSA. For an assistant manager to be exempt from overtime pay, the employee must be paid a minimum salary of at least $455 per week, or $23,660 per year. In addition:

  1. The employee's primary duty must be management of the enterprise or of a recognized department or subdivision
  2. The employee must regularly direct the work of two or more other employees
  3. The employee must have the authority to hire or fire other employees (or their suggestions and recommendations as to hiring, firing, advancement, promotion or other change of status of other employees must be given particular weight).

Have I been misclassified? Ask yourself these questions:

Do you spend a majority of your time performing management or supervisory duties?

Many employees have been able to win an overtime pay lawsuit because there is little difference between the duties of assistant managers and hourly workers. If you have the title of assistant manager but think that you are simply a glorified stocker who unloads trucks, moves products into the store, stocks shelves, or performs similar activities, you may be entitled to overtime. The job title does not determine whether you are entitled to overtime pay. Actual job duties are the key. Our law firm can help you determine whether you may have claim based on your actual work, regardless of your title.

Do you manage or supervise other employees?

This means that two or more full time employees must report to you, and that you oversee their daily tasks. If you do not do this on a full-time basis, you may be entitled to overtime.

Can you hire and fire other employees?

If you cannot hire or fire other employees, or your recommendations are not given particular weight, you may be entitled to overtime pay.

Are you paid by the hour?

If you are paid by the hour, or you do not receive a weekly salary of at least $455 per week (or $23,660 per year), you are most likely entitled to overtime pay.

Recovering Back Pay in New York for Assistant Managers

If you were promoted to assistant manager, shift supervisor, or even to manager but you think you may be entitled to back overtime pay because you are doing the same work as those you supervise, you should consulting with an experienced overtime attorney. If you were misclassified, and denied overtime pay for hours over forty per week, you have a right to your back pay, plus other damages and attorneys' fees. You are still owed the back pay even if you quit or you were terminated.

Call Braverman Law at 212-206-8166 or contact us online today to schedule an appointment. Se habla español.


We will use our years of expertise and experience to fight for your rights as a business owner or employee. We have the skills, dedication, and knowledge to protect your best interests.