Bealls Facing Former Area Manager’s Unpaid Overtime Lawsuit
Last Updated on May 8, 2018
Ciomcia v. Beall's, Inc.
Filed: December 20, 2017 ◆§ 2:17cv14444
The former employee claims her job duties, despite her managerial title, did not allow for Bealls to classify her as exempt from overtime pay.
A proposed collective action has been filed in Florida against Beall’s, Inc. on behalf of all current and former overtime-exempt area managers who the lawsuit says are owed unpaid time-and-a-half wages. The case says the plaintiff was employed at the defendant’s Vero Beach retail store—one of more than 500 locations nationwide—from August 2014 through October 2016. The plaintiff claims her job duties, which included working the cash register, stocking and selling merchandise, unloading trucks, and cleaning the store, did not include hiring, firing, scheduling or any other tasks generally given to true overtime-exempt managers. In fact, the plaintiff claims her job duties did not substantially differ from those given to non-exempt hourly workers. The case claims the defendant’s “centralized, company-wide policy, pattern, and practice” of misclassifying all area managers as exempt from overtime pay is a violation of the Fair Labor Standards Act (FLSA).
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