Simply Mac, Inc. Docked with Lawsuit Over Employee Misclassification

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A proposed class action filed on behalf of current and former store managers employed by Simply Mac, Inc. claims the Apple service and sales company intentionally misclassified workers to avoid paying overtime wages and thereby violated the Fair Labor Standards Act (FLSA). The lawsuit, filed in Colorado, alleges the plaintiff and proposed class members worked in excess of 40 hours per week without being paid time-and-a-half for each hour over 40. The plaintiff claims that, despite his job title, his duties included no managerial responsibilities, such as hiring and firing workers, adjusting pay rates or scheduling shifts. To this point, the plaintiff claims he is owed overtime for the more than 50 hours per week he averaged working for the defendant.