Lawsuit: Village Green Holding Service Managers ‘Are Not Managers’ and Deserve OT Wages

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Residential property manager Village Green Holding, LLC is facing a proposed collective action filed by a former employee who claims he was misclassified as exempt from the Fair Labor Standards Act’s protections. According to the suit, the plaintiff was employed as a service manager responsible for maintenance at two of the defendant’s properties at separate times during his employment. The complaint claims service managers “are not managers at all” and are “misclassified as salaried exempt workers, despite the fact that their work is primarily manual labor, they do not supervise any other full-time employees, and their primary duties do not require advanced knowledge customarily acquired through a prolonged course of specialized intellectual instruction.”

As a result, the suit alleges, the defendants incorrectly applied a managerial exemption to the plaintiff’s position and denied him his rightful overtime wages. The plaintiff says he regularly worked “well over” 40 hours per week, sometimes working as many as 80, without being paid time-and-a-half premium wages.