Kohl’s Assistant Store Managers Exempt from Overtime California Class Action

California labor law requires that assistant managers must be paid overtime pay for overtime hours worked, unless more than half of their time is spent on management work. The complaint for this class action alleges that Kohl’s Department Stores, Inc. and Kohl’s Corporation improperly classify their assistant store managers (ASMs) as exempt from this requirement and does not pay them properly for overtime work.

The class for this action, although not explicitly defined in the complaint, appears to be all those who work or have worked at Kohl’s stores in California, during the applicable statute of limitations, who are classified as ASMs.

Plaintiff Delmy Portillo worked as an ASM at a Kohl’s in Alhambra, California from approximately 2005 to September 2017.

According to the complaint, ASMs do primarily non-management work and make only a little more than non-exempt employees. The complaint alleges that Kohl’s schedules them to work forty-five hours a week during normal times and 50 hours during holiday seasons. The complaint alleges it “schedules so few hourly staff that in fact they regularly work 50-60 hours per week. Kohl’s classifies all of its ASMs as exempt ‘executives’ and does not pay them overtime.”

The complaint alleges that Kohl’s ASMs are misclassified and should be paid overtime.

Most of the Kohl’s ASMs duties involve non-exempt work, the complaint alleges, such as unloading trucks, unpacking merchandise, filling online orders, stocking shelves, performing customer service duties, and operating cash registers.

While Kohl’s does assign some management duties to ASMs, the complaint says, “those duties are routine, and are closely and directly supervised by their superiors. ASMs are not given significant discretion to manage and their management work is not more important than their management work.” These things are signs that the ASMs might not in fact qualify as management or exempt employees.

Kohl’s stores also include hourly workers, such as Area Supervisors, Department Supervisors, Specialists, and Associates. But Kohl’s requires that its stores keep their payrolls under the budgets set for them. Because of this, the complaint alleges, “Kohl’s has had a practice in its stores to keep its hourly payroll expenses down. It has done this in part by sending hourly associates home before the end of their shift[s] and not replacing them when they call[] out. Kohl’s then requires the ASMs to finish the hourly tasks of the hourly associates who had been scheduled but were sent home early or not replaced.”

Between the week before Thanksgiving and the end of December, store may schedule ASMs to work 54 hours and six days per week. Kohl’s also schedules ASMs for around sixty hours per week during the week before and the week of its yearly inventory.

Article Type: Lawsuit
Topic: Employment

Most Recent Case Event

Kohl’s Assistant Store Managers Exempt from Overtime California Complaint

August 17, 2020

California labor law requires that assistant managers must be paid overtime pay for overtime hours worked, unless more than half of their time is spent on management work. The complaint for this class action alleges that Kohl’s Department Stores, Inc. and Kohl’s Corporation improperly classify their assistant store managers (ASMs) as exempt from this requirement and does not pay them properly for overtime work.

Kohl’s Assistant Store Managers Exempt from Overtime California Complaint

Case Event History

Kohl’s Assistant Store Managers Exempt from Overtime California Complaint

August 17, 2020

California labor law requires that assistant managers must be paid overtime pay for overtime hours worked, unless more than half of their time is spent on management work. The complaint for this class action alleges that Kohl’s Department Stores, Inc. and Kohl’s Corporation improperly classify their assistant store managers (ASMs) as exempt from this requirement and does not pay them properly for overtime work.

Kohl’s Assistant Store Managers Exempt from Overtime California Complaint
Tags: Employment Violations, Overtime Not Paid at Overtime Rates, Unpaid Overtime