Convenience Store Manager Was Exempt From Overtime Under FLSA
In this
case, the 6th Circuit held that a
gas station/convenience store manager in a chain retail operation had management
as her primary duty, as required for her to be subject to the executive-employee
exemption from the overtime requirements of the Fair Labor Standards Act (FLSA)
under the short test. Even if she spent 40% of her time in non-managerial
duties, her non-managerial duties often overlapped her managerial duties. Her
managerial duties were much more important to the employer's success than her
non-managerial duties. She daily exercised discretion over vital matters despite
her district manager's supervision and standardized operating procedures. She
was the most senior employee at her station. Finally, her pay was 30% more than
that of her subordinate employees.
Thomas v. Speedway
SuperAmerica, LLC
The 6th Circuit Court of Appeals’ jurisdiction includes Michigan, Ohio, Kentucky and Tennessee.