In re Family Dollar FLSA Litigation
United States District Court for the Western District of North Carolina
998 F. Supp. 2d 440 (2014)
Susan Lord (plaintiff) was employed by Family Dollar (defendant) as a store manager. Lord’s salary ranged from $704 to $731 per week. During the time relevant to the litigation, Lord also earned a one-time bonus of $422 based on the store’s performance. Nonexempt employees were not eligible for the bonus. Based on her average of 64 hours worked per week, Lord’s hourly wage ranged from $11 to $11.42. The hourly employees who worked in Lord’s store earned an average of $8.18 per hour. Of the 17 nonexempt employees who worked in Lord’s store, 15 earned less than $10 per hour. Lord’s management responsibilities included interviewing and hiring hourly workers, making hiring recommendations for assistant managers, directing and supervising the work of nonexempt employees, and maintaining sales and financial records. Lord argued that she spent at least 90 percent of her time performing manual labor, but Lord was responsible for deciding which nonexempt tasks to perform herself and which to delegate. Lord sued Family Dollar, alleging that her job responsibilities did not satisfy the executive exemption to the minimum-wage and overtime requirements of the Fair Labor Standards Act (FLSA). Family Dollar moved for summary judgment.
Rule of Law
Holding and Reasoning (Mullen, J.)
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