A class action lawsuit has been filed in the Eastern District Court of Texas against Big Lots Stores, Inc., a discount retailer based in Ohio who owns and operates over 1400 stores throughout the United States for violations of the Fair Labor Standards Act (FLSA). Class members seek unpaid compensation and benefits, unpaid interest, attorney's fees and costs of the action.
Specifically, the complaint alleges that class members are furniture department managers, furniture sales managers and assistant managers who were regularly required to work in excess of 45-55 hours per week, but were not paid overtime for all hours worked in excess of 40 hours per week as required by the FLSA. The class members claim that they are incorrectly classified as exempt employees because:
• Their primary duties consist of non-managerial activities such as operating registers, processing forms, sales, stocking and re-stocking merchandise, janitorial duties and answering phones.
• They did not customarily or regularly exercise discretionary powers, and
• Did not regularly direct or manage the work of two or more full-time employees
These are required to be classified as an exempt employee under FLSA regulations.