Fmr. Store Manager Sues Build-A-Bear Workshop Over Unpaid Overtime
Last Updated on May 8, 2018
Elsayed v. Build-A-Bear-Workshop, Inc.
Filed: August 10, 2017 ◆§ 5:17-cv-03579-JLS
A fmr. Build-A-Bear store manager has sued the company to recover allegedly unpaid overtime wages stemming from supposed misclassification of some workers.
An individual formerly employed as a store manager by Build-A-Bear Workshop, Inc. has filed a proposed collective action against the company claiming it refused to pay proper overtime wages. Citing possible Fair Labor Standards Act (FLSA) abuses, the case alleges the plaintiff regularly worked more than 40 hours per week, dating as far back as a two-week training period for his store manager role, without receiving time-and-a-half hourly wages for all hours worked beyond 40. According to the plaintiff, he and other store managers were classified by Build-A-Bear as exempt from federal and state overtime pay requirements despite their job responsibilities not falling within FLSA parameters dictating what kind of workers are exempt from overtime pay.
“[Build-A-Bear] was aware, or should have been aware, that [the plaintiff and other store managers’] primary duties were making stuffed animals, performing customer service, merchandising, receiving and stocking products, and cleaning the store,” the complaint reads. “[The defendant] was also aware that these duties do not fall within any overtime exemption under the FLSA.”
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