Law Offices of Louis Spitters

Walmart accused of non-payment of overtime to managers

Many workers strive to be promoted to management, especially in retail, so that they can make more money for their families. While in these positions, the workers expect to make more money and perform managerial duties. One of the managers at a California Walmart claims she was misclassified and, thus, denied payment for the overtime hours that she worked.

The plaintiff hopes that her lawsuit will become a class action lawsuit, although her lawyer says it is too soon to be determined. If it does, her lawsuit could include the workers who have been incorrectly classified as managers since 2011. She alleges that she was only called a manager in title, and she never performed any managerial functions, nor was she given any authority.

She claims that Walmart classified the workers as managers to avoid paying them overtime. The plaintiff asserts she was required to do the same job as her hourly counterparts for longer than eight hours per day without receiving overtime. Furthermore, the managers were reportedly denied the ability to take their breaks and lunches during their shifts.

According to state and federal employment laws, employees who work more than 40 hours in a week should be paid one and a half times their standard rate for overtime. A spokesperson for Walmart stated that the company adheres to state and federal laws and claims that these allegations are being taken very seriously by the company. If the plaintiff is successful in her claim, a California court may award her payment for the overtime hours she worked, as well as compensation for the break and meal periods she claims to have been denied.

Source:, "Workers Sue Walmart For Manipulating Employee Classification To Deny Them Overtime Pay", Bryce Covert, April 10, 2015

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