Kohl’s Assistant Store Managers Allegedly Misclassified & Not Paid Overtime
On January 11, 2018, a collective and class action complaint was filed in United States District Court, District of Connecticut, by Plaintiff Stacy Collins against Defendants Kohl’s Department Stores, Inc. and Kohl’s Corporation (“Kohl’s”).
The overtime pay lawsuit (Collins v. Kohl’s Department Stores, Inc., et al, No. 18-00065) states that the Plaintiff served as a Kohl’s Children, Footwear and Home Assistant Store Manager and Kohl’s Assistant Store Manager of Human Resources and Operations from approximately June 2008 until October 19, 2017 at Kohl’s Enfield, Connecticut and Manchester, Connecticut stores.
Kohl’s Overtime Collective and Class Action on Behalf of All Similarly Situated Kohl’s Assistant Store Managers Misclassified as Exempt from Overtime for Hours Worked Beyond 40 in a Workweek
The Kohl’s overtime pay action was brought by Plaintiff on behalf of herself and all similarly situated Assistant Store Managers employed by Kohl’s who were misclassified as exempt under federal and state overtime laws and not paid overtime pay for hours worked beyond 40 in a workweek.
The overtime lawsuit seeks, among other things, unpaid wages for all overtime hours worked, as required by law, and liquidated damages, pursuant to the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., as well as back wages for all overtime work for which overtime premium pay was not paid, pursuant to the Connecticut Wage Act, Conn. Gen. Stat.§§ 31-58, et seq.
Kohl’s Assistant Store Managers – Complaint Facts
According to the Kohl’s overtime collective and class action complaint:
- Kohl’s has approximately 1, 155 stores in 49 states, and Assistant Store Managers are employed in all Kohl’s stores.
- Four types of Kohl’s Assistant Store Managers are designated by Kohl’s: (i) Assistant Store Manager of Human Resources and Operations; (ii) Children, Footwear, and Home Assistant Store Managers; (iii) Apparel and Accessories Assistant Store Managers; and (iv) Overnight Freight and Replenishment Assistant Store Managers.
- Even though Kohl’s has four distinct job descriptions, the basic duties of an Assistant Store Manager are the same, and the primary duties of Kohl’s Assistant Store Managers consist primarily of the non-exempt labor of the stores in which they work (e.g., unloading trucks, unpacking merchandise, filling on-line orders, stocking shelves, customer service, operating cash registers).
- Kohl’s classify all four types of Kohl’s Assistant Store Managers as exempt from overtime, paying them a flat weekly salary without overtime compensation for the hours worked beyond 40 in a week.
- Kohl’s requires that all Assistant Store Managers report directly to a Store Manager, and Kohl’s schedules Kohl’s Assistant Store Managers for 45 hours per week; however, Assistant Store Managers frequently work more (often as much as 50 or more hours per week).
- During the holidays (week before Thanksgiving through second week in January), Kohl’s schedules Assistant Store Managers for six days and 54 hours per week.
- Kohl’s also schedules Assistant Store Managers to conduct inventory once per year. During the week before and the week of inventory, Kohl’s assigns Assistant Store Managers approximately 60 hours of work.
- Kohl’s classifies all Kohl’s Assistant Store Managers as exempt from the overtime requirements of the FLSA, regardless of store location, volume, or size.
- Kohl’s corporate officers decided to classify Kohl’s Assistant Store Managers as exempt, based on the general job description of the Kohl’s Assistant Store Manager position.
- Kohl’s Assistant Store Managers do not spend most of their time on exempt tasks. Instead, Kohl’s Assistant Store Managers spend most of their time performing non-exempt duties (e.g., unloading freight, stocking shelves, filling on-line orders, ensuring that merchandise was arranged according to company standards, counting inventory, organizing the store).
- Kohl’s classifies Kohl’s Assistant Store Managers as exempt executives in conscious disregard for the facts and the law, and Kohl’s has been fully aware that the primary duty of Assistant Store Managers is not management and that the law does not permit employers to classify employees as exempt executives unless their primary duty is management. Further, Kohl’s also has been aware that Assistant Store Managers work more than 40 hours per week without overtime pay.
Kohl’s Assistant Store Managers Who Believe They Were Improperly Denied Overtime Pay
If you have served as a Kohl’s Assistant Store Manager and believe you have legal claims for unpaid overtime, please contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], complete the form above on the right or e-mail [email protected].