It is common practice for companies to misclassify employees in order to be exempt from paying overtime. Employers are required to pay time-and-a-half to employees who work over 40 hours per week. However, those employees classified as "managers" are exempt from the overtime pay.
As a result, many workers find themselves taking on the added responsibilities of management while lacking most managerial privileges.
In Illinois, a group of former Home Depot employees filed a class-action lawsuit against the company to win overtime pay. Home Depot classified the employees as assistant managers in order to be exempt from having to pay them the time-and-a-half overtime pay.
Despite being called assistant managers, the Home Depot workers had no power to hire or fire or give input to staffing decisions.
Robert McCoppin of the Daily Herald reports: "Home Depot's policy, according to the suit, was to fire assistant store managers if they worked less than 11 hours a day. The assistant store managers were also not paid overtime during their training period of two to eight weeks."