In times of government shutdowns, furloughed employees and companies trying to do more with less, you may be asking a lot of your employees. But, what if you are asking too much and violating the Fair Labor Standards Act (FLSA)?
In a recent case, Heyen v. Safeway Inc, Linda Heyen sued Safeway after they terminated her employment as an assistant manager. She brought the suit to recover unpaid overtime pay, contending Safeway should have classified her as a "nonexempt" employee because she regularly spent more than 50 percent of her work doing "non-exempt" tasks such as bagging groceries and stocking shelves. The court agreed and awarded her overtime pay of $26,184.60 plus interest.
Safeway appealed, arguing that the court failed to properly account for hours, she simultaneously performed exempt and nonexempt tasks, i.e. actively managing the store while also concurrently performing some stocking and bagging of customer grocery purchases.