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  1. #1
    Join Date
    Dec 2010
    Location
    Phoenix, Arizona, United States
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    12

    Default Unpaid Overtime in Retail Management and Statute of Limitations

    My question involves employment and labor law for the state of: Missouri

    I was curious if anyone had information about unpaid overtime for non-exempt employees who are salaried and have worked past the typical 40 hours a week schedule for about 6 years. The reason I ask is because I was a operations (assistant) manager for a retail establishment who received salary pay for only 40 hours of work per week when I lived in Missouri.

    The company most likely believes the position entails exempt status under this regulation;
    "managers who hire and fire employees and who spend less than half their time performing the same duties as their employees are typically also exempt employees."
    Source: http://www.allbusiness.com/governmen...ons/808-1.html

    However the store is a smaller establishment and typically (on a daily basis) managers and employees do the same duties. Managers do more than 80% of working as hourly associates and roughly 10-20% performing management duties.

    Therefore I believe my position was non-exempt (with proof) and I would like to know if there is a statue of limitations on recovering unpaid overtime.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Unpaid Overtime in Retail Management and Statute of Limitations

    Under state law, the statute of limitations is two years. Under Federal law, it is two years also, except that in the event of a WILLFUL violation they will go back three.

  3. #3
    Join Date
    Dec 2010
    Location
    Phoenix, Arizona, United States
    Posts
    12

    Default Re: Unpaid Overtime in Retail Management and Statute of Limitations

    Thank you, cbg.

    Hypothetically speaking, if I worked for 6 years, the company would only be obligated to repay me 2 (state) to 3 years (federal if Willful) of unpaid overtime? Or am I incorrect?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Unpaid Overtime in Retail Management and Statute of Limitations

    IF it is determined that you are non-exempt by either state or Federal agency AND IF it is determined that you are owed back overtime, the employer would only be required to go back two years. IF it was determined that the violation was willful, then the Federal DOL may require that they go back three years.

    Under no circumstances under either state or Federal law will you get back overtime for six years.

  5. #5
    Join Date
    Dec 2010
    Location
    Phoenix, Arizona, United States
    Posts
    12

    Default Re: Unpaid Overtime in Retail Management and Statute of Limitations

    Great, thanks for the info cbg and the fast responses.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Unpaid Overtime in Retail Management and Statute of Limitations

    Good luck to you.

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