Burlington Coat Factory Warehouse Corp.
ABBEY SPANIER INVESTIGATES BURLINGTON COAT FACTORY WAREHOUSE CORP. FOR MISCLASSIFYING THEIR ASSISTANT STORE MANAGERS AS EXEMPT FROM THE OVERTIME PROVISIONS OF FEDERAL AND STATE LAW AND AS A RESULT, FAILING TO PAY THEM OVERTIME
Abbey Spanier is currently investigating Burlington Coat Factory for unfair employment practices. Burlington Coat Factory has allegedly misclassified its Assistant Store Managers as exempt from the overtime provisions of the Fair Labor Standards Act ("FLSA") and state law.
Abbey Spanier is investigating whether Assistant Store Managers are acting in a true managerial or executive capacity so as to qualify for the overtime exemption under state and federal labor laws. The key issues are whether these employees have the authority to hire, fire and/or to assign tasks to employees and whether they spend significantly more than 50 percent of their time during each work shift performing non-exempt tasks identical to those of non-salaried, non-exempt employees. Federal law requires overtime pay at a rate of not less than one and one-half times the employee's regular rate of pay for each hour worked in excess of 40 hours in a given workweek. If Abbey Spanier's investigation reveals that the Assistant Store Managers do not qualify for an "exempt" classification, these employees may be entitled to unpaid overtime, liquidated damages and other benefits under the FLSA and state wage and hour laws.
Abbey Spanier has been representing employees in class actions and collective actions in federal and state courts throughout the United States for over a decade. Please visit our unfair employment practices page for more information about the firm's recent recoveries and achievements in this field. If you are a current or former employee of Burlington Coat Factory and would like to discuss our investigation, please tell us your story.