Retail Victory Delayed, But Not Denied: Following 6th Circuit Remand, Michigan Federal Court Rules (Again) That Assistant Manager is Exempt

Few industries have been as heavily targeted by FLSA plaintiffs’ attorneys as the retail industry. In a retail environment where salaried managers often pitch in to help complete the day’s work while simultaneously supervising and directing subordinates, plaintiffs’ attorneys routinely argue that the most relied upon overtime exemption in this area—the executive exemption—is not satisfied because the manager’s “primary” duty is something other than management. Given the pervasiveness of such claims, a victory for one retailer in this space is a victory for all retailers.

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