(DOWNLOAD) "Exempt Executives? Dollar General Store Managers' Embattled Quest for Overtime Pay Under the Fair Labor Standards Act." by University of Pennsylvania Law Review # eBook PDF Kindle ePub Free
eBook details
- Title: Exempt Executives? Dollar General Store Managers' Embattled Quest for Overtime Pay Under the Fair Labor Standards Act.
- Author : University of Pennsylvania Law Review
- Release Date : January 01, 2011
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 411 KB
Description
INTRODUCTION Beginning in the early 1980s, and continuing for nearly three decades, federal circuit courts unanimously found retail store managers exempt from overtime pay under the Fair Labor Standards Act of 1938 (FLSA). (1) The overwhelming consensus even within the Department of Labor (DOL) itself--the body responsible for promulgating and enforcing the overtime regulations--was that supervisors in charge of a free-standing store were highly likely to fall within the exempt category of the statute. (2) However, in 2008 the Eleventh Circuit broke the unanimity by upholding a thirty-six million dollar jury verdict against Family Dollar for misclassifying its store managers as exempt executives. (3) While the extent to which the Eleventh Circuit's decision will affect retail store managers' status under the FLSA remains unclear, (4) it has undoubtedly resuscitated managers' hopes that they can prevail on overtime claims by providing them with circuit precedent on which to stand.