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Auto parts retailer may have failed to pay "Service Managers" for overtime worked.
Investigation Source
- Nationwide
Investigation Scope
Category Information
Investigation Topic
- Failure To Pay Overtime
Product or Service
- Service Manager
Injury Type
- Monetary Loss
Investigation Details
Investigation and pending class action lawsuit against Tire Kingdom, National Tire and Battery and Merchant's Tire and Auto Centers.
These companies titled some employees "Service Managers" and refused to pay them for overtime work. The service managers, however, worked under a uniform policy of salaried pay without overtime compensation. Service Managers were required to work well in excess of 40 hours per week. Also, the plaintiffs alleged that the store manager was in charge of the store and relegated the majority of the non-managerial duties to the service managers and other store employees . Moreover, the plaintiffs alleged that they did not have the authority to hire, fire, promote, or discipline store employees and routinely did not make or participate in the personnel hiring, firing, promoting, or disciplining decisions. The plaintiffs further alleged they spent little, if any, time performing managerial duties. Therefore, despite their job titles, plaintiffs were not 'executive' employees exempt from the overtime requirements of the FLSA.
These companies titled some employees "Service Managers" and refused to pay them for overtime work. The service managers, however, worked under a uniform policy of salaried pay without overtime compensation. Service Managers were required to work well in excess of 40 hours per week. Also, the plaintiffs alleged that the store manager was in charge of the store and relegated the majority of the non-managerial duties to the service managers and other store employees . Moreover, the plaintiffs alleged that they did not have the authority to hire, fire, promote, or discipline store employees and routinely did not make or participate in the personnel hiring, firing, promoting, or disciplining decisions. The plaintiffs further alleged they spent little, if any, time performing managerial duties. Therefore, despite their job titles, plaintiffs were not 'executive' employees exempt from the overtime requirements of the FLSA.
Defendant Details
| Name (Stock Symbol) | Brief Description |
|---|---|
| Tire Kingdom | Tire Kingdom is a tire and automotive services retailer in the United States, operating over 600 stores with more than 7,000 employees. It is a wholly owned subsidiary of TBC Corporation which in turn is a wholly owned subsidiary of Sumitomo Corporation of America. |
| National Tire and Battery | National Tire and Battery is a retailer of tires, batteries and other automobile parts. |
| Merchants Tire and Auto Centers | Merchants Tire and Auto Centers owns and operates a chain of retail automotive tires and parts stores. It is a subsidiary of TBC Corporation which is wholly owned by Sumitomo Corporation of America. |