Florida Grocery Store Assistant Managers: Misclassification and Overtime Violations
Many Florida grocery supervisors are told they're not eligible for overtime just because they have a management title. But here’s the truth: job titles don’t determine exemption—your actual daily duties do. If you’re spending most of your time doing the same tasks as hourly staff, like stocking, cashiering, or cleaning, you’re likely non-exempt, and you should be getting paid for any time over 40 hours a week.
In fact, employers often misclassify assistant managers to cut costs.
You might:
- Spend most of your shift performing non-supervisory tasks
- Rarely make real decisions about hiring or firing
- Only occasionally oversee coworkers
If that sounds familiar, your employer may be violating the law, and you could be owed significant back pay.
Wondering if You're Owed Overtime Pay? This guide will help you figure that out for yourself.
Are You Exempt from Overtime?
To be classified as exempt from overtime, your employer must prove ALL of the following:
- Salary Threshold: You’re paid at least $684 per week on a salary basis.
- Primary Duty: Your main job is managing the store or a department—not stocking, cashiering, or assisting customers.
- Supervisory Role: You regularly supervise at least two full-time employees.
- Hiring/Firing Power: You have the authority to hire or fire, or your input is heavily considered.
If you don’t meet even one of these, you should be paid overtime.
How Much Overtime Pay Are You Owed?
If you are an assistant manager or supervisor and worked more than 40 hours in any work week, you're likely owed overtime.
Here's how it's calculated:
- Find Your Regular Rate: Take your salary, divide your weekly pay by 40 to get your hourly rate.
- Overtime Rate: Multiply your regular rate by 1.5.
- Calculate Overtime Pay: Multiply your overtime rate by the number of overtime hours you worked.
Example:
- Weekly Salary: $800
- Regular Rate: $800 ÷ 40 = $20/hour
- Overtime Rate: $20 x 1.5 = $30/hour
- If you worked 10 extra hours: 10 x $30 = $300 in overtime pay owed
Repeat this for each week you worked 40+ hours to estimate how much you’re owed.
Common Overtime Violations in Florida Grocery Stores
- Misclassification as Exempt: You're salaried, but your job is mostly non-managerial.
- Unpaid Overtime: You're regularly working 40+ hours with no extra pay.
- Off-the-Clock Work: You’re asked to clock out and keep working.
What You Can Recover
- Back Pay: Up to 2 years (3 if willful)
- Double Damages: Equal to what you're owed
- Attorney Fees Covered by Your Employer
Our employment lawyers work on contingency. This means you can pursue your unpaid overtime without worrying about out-of-pocket legal costs.
Don’t Wait—Contact USA Employment Lawyers
If you’re a grocery store supervisor or assistant manager in Florida and think you’ve been misclassified, we can help. At USA Employment Lawyers, we’ve helped workers like you recover unpaid wages and hold employers accountable.
Contact us today for a free case evaluation and find out if you’re owed overtime pay. Let’s get you what you’ve earned.