Best Buy Loses in Bid to Dismiss Overtime Pay Lawsuit

Sacramento, CACalifornia’s overtime pay laws factor into the California-based lawsuit against retail giant Best Buy, brought by assistant managers over the retailer’s position on overtime pay and an exemption the chain is applying to its assistant management positions. The assistant managers don’t agree. And the judge assigned to the overtime pay lawsuit refused to grant summary judgment sought by the defendant, to have the action tossed out of court.

According to a release from PRWEB and reprinted in Digital Journal (12/10/13), defendant Best Buy Stores LP (Best Buy) sought to have the overtime pay lawsuit struck down. But the judge in the case, US District Court Judge Andrew J. Guilford, denied the defendant’s motion on grounds that a triable question remains - and for that reason it’s inappropriate to dismiss the action at this juncture.

The plaintiffs in the lawsuit are Kurt Swanson and Tawny Perez. According to court documents, the duo work, or worked, as assistant managers at Best Buy, and take issue with their employer’s contention that assistant managers do not qualify for overtime pay.

To that end, various classifications of jobs are exempt from overtime pay provided certain criteria are met, such as whether or not a job is considered a management function, whether or not an employee is paid by the hour or is salaried, and to what level in terms of dollars (level of remuneration) an employee received for his services.

And there are legitimate exemptions. However, many employers attempt to skirt the regulations - and escape from doling out overtime pay - by incorrectly classifying employees.

The plaintiffs in the unpaid overtime lawsuit hold that even though they are classified as assistant managers, they spend the vast majority of their workday organizing shelves, unloading inventory and actually selling store inventory to customers on the floor, alongside employees who qualify for and receive overtime pay.

Best Buy counters that the nature of the plaintiff’s job responsibilities, which includes the capacity for independent judgment, is sufficient to consider their jobs as managers and, as such, should be considered exempt from overtime.

In the judge’s view, it’s a fair question that has validity on both sides and should be duly debated and tried, in court. Trial in the overtime pay laws case is set to begin in June of next year.

The overtime pay lawsuit is Swanson, et al. v. Best Buy Stores, L.P., pending in the US District Court for the Central District of California, Case No., CV- 12-01377-AG(ANx). Judge Guilford issued his order to proceed December 9, 2013.