You may be entitled to significant compensation if you’re an assistant manager working long hours without overtime pay. Major retailers, including Burlington Coat Factory, Kohl’s, and Rite-Aid, have paid millions to settle lawsuits over misclassifying assistant managers as exempt from overtime.

Why Are Assistant Managers Winning Overtime Lawsuits?

Many companies classify assistant managers as “exempt” employees, meaning they don’t qualify for overtime pay. However, the Fair Labor Standards Act (FLSA) requires that to be exempt, a worker must perform actual managerial duties—not just stock shelves, help customers, or unload trucks.

Recent cases show that assistant managers misclassified as exempt and required to work more than 40 hours per week are recovering significant amounts:

Burlington Coat Factory – $20 Million Settlement

Burlington Coat Factory agreed to pay nearly $20 million to settle two lawsuits filed by assistant store managers. The lawsuits alleged that the company misclassified assistant managers as exempt from overtime while requiring them to perform non-managerial tasks, such as stocking shelves, scanning prices, unloading trucks, and assisting customers. More than 1,600 assistant managers shared in the settlement, receiving an average payout of $12,000 each.

Kohl’s – $2.9 Million Settlement

Kohl’s faced a lawsuit from nearly 900 assistant store managers who alleged they were improperly classified as exempt and denied overtime pay. The company ultimately agreed to a $2.9 million settlement. This case was part of a broader trend of large retailers settling similar misclassification claims, with companies like T.J. Maxx, Marshalls, and Panera Bread also paying millions to resolve overtime lawsuits.

Rite-Aid – $20.9 Million Settlement

Rite-Aid assistant managers and co-managers settled an overtime lawsuit for $20.9 million. The lawsuit alleged that these employees were wrongly classified as exempt despite lacking real managerial or supervisory authority. The settlement affected employees across 31 states and reinforced that job titles alone don’t determine overtime eligibility—actual job duties do.

You May Be Entitled to Compensation

If you:
✅ Work as an assistant manager on salary
✅ Regularly work over 40 hours per week
✅ Spend most of your time on non-managerial tasks

You could be owed unpaid wages.

Act Now – Protect Your Rights!

I am Josh Borsellino, an attorney who helps workers fight for the wages they’ve earned. I have successfully represented hundreds of employees in wage disputes and recovered millions of dollars for workers like you.

Don’t wait! The law limits how far back you can recover unpaid wages. Call me at 817-908-9861, email me here, or click this link for a free, confidential consultation.