Western Beef Hit with Former Assistant Manager’s Unpaid Overtime Lawsuit

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The operating companies of grocery chain Western Beef and two individual managers have been named in a lawsuit filed by a former assistant manager who alleges he was misclassified as exempt from overtime wages.

Filed in New York, the suit says the plaintiff worked at the defendants’ Elmont and Springfield Gardens locations for 27 years. During the time period relevant to this case, the man allegedly clocked at least 60 hours per week while working as an assistant manager yet never received time-and-a-half overtime wages. The plaintiff says he was paid a flat annual salary of $57,200 that was only meant to cover 40 hours of work per week.

Despite his job title, the suit claims, the man’s primary duties included ordering items, stocking shelves and helping customers. According to the complaint, the plaintiff “did not have any meaningful discretion or managerial responsibilities,” such as disciplining employees or setting work schedules. As such, the case argues that the plaintiff was a non-exempt employee and should have received overtime wages and spread-of-hours pay.