Employment & Labor Law
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Sean Pendlebury and Laura Overton v. Starbucks Coffee Company
(18 Fla. L. Weekly Fed. D379a, January 3, 2005)
Complaint alleging that plaintiffs/ store mangers and others similarly situated were improperly classified by employer as exempt for purposes of overtime compensation eligibility. On June 3, 2004, Plaintiffs Pendlebury and Overton filed a verified complaint against defendant, Starbucks, asserting a claim for unpaid overtime under the Fair Labors Standards Act. Plaintiffs are store managers for two Starbucks locations. They alleged that they, and others similarly situated, are or were improperly classified by Starbucks as exempt for purposes of overtime compensation eligibility. They further asserted that they rarely exercise discretionary powers, and that they are not relatively free from supervision. Plaintiffs stated that their pay is substantially similar to certain nonexempt employees, such as shift supervisors and assistant managers. Plaintiffs complained therefore that Starbucks has improperly classified them as exempt employees for purposes of overtime compensation.
Plaintiffs filed the declaration of four individuals, all of whom are former store managers of Starbucks, in support of their motion. They all stated they were not paid overtime compensation even though they customarily and regularly performed nonexempt duties similar to those performed by their subordinates. Plaintiffs contended that the allegations of the verified complaint, coupled with the declarations are sufficient to show that Starbucks had an alleged policy, practice, and procedure of classifying managerial employees as exempt. Plaintiffs therefore asserted that notification of this lawsuit should be sent to all former and current managerial employees who are or were subject to this policy.
Starbucks contended that this action should not be maintained as a collective action because Plaintiffs have not established that they are similarly situated to the putative class members. Plaintiffs asked this court to permit court supervised notification so that other store managers are given an opportunity to join this lawsuit.
The FLSA provides that an action for overtime compensation
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