Many of the Best Buy employees fall under the non-exempt category of employment and MUST be paid overtime wages according to the guidelines laid out in the Fair Labor Standard Act (FLSA). The FLSA sets the overtime rate for non-exempt employees at time and one-half their standard rate of pay for any time worked over 40 hours in a single week.
The FLSA regulations do not apply to “administrative” or “professional” employees due to exemptions preventing specific categories of employees from receiving overtime pay.
Exemptions are not based entirely on one’s job title, however. Whether or not an employee should receive overtime pay is calculated by the hours worked, the rate of pay, the job duties, and even the job description.
It’s always a good idea to speak with an attorney with experience in overtime pay laws due to issues with additional state laws governing overtime pay. These laws sometimes overlap federal laws and further complicate or contradict the FLSA.
What is Best Buy?
Founded in 1966 by Richard Schulze, Best Buy Co., Inc. is an American multinational consumer electronics retailer headquartered in Richfield, Minnesota. Best buy sells consumer electronics and a variety of related merchandise, including software, video games, music, mobile phones, digital cameras as well as some home appliances in a non-commissioned sales environment. Best Buy is known for its iconic yellow tag sigil, embossed on the entranced designed to look like a blue box emerging from the brick and mortar structures. Best Buy ranks as the 13th largest retailer in the U.S, with an annual revenue of over $42 billion. Furthemore, Best Buy sports almost 1,300 locations worldwide, requiring roughly 175,000 employees to operate. As a household name, retailing powerhouse, and large private employer, Best Buy is well regarded and remains in careful watch of the public eye.
Numerous non-exempt Best Buy employees may be required to start before their shifts or even work after their shifts finish off the clock. It is not uncommon for employees to work double shifts as well. Because of this, if many Best Buy employees exceed 40 working hours in a single week, they should receive overtime pay.
Employers have been known to illegally misclassify positions to avoid paying overtime. For instance, Best Buy shift or location managers may have been labeled “managers” with the goal of marking them exempt from overtime pay. However, these employees are in fact non-exempt because of the nature of their job duties.
Often companies label employees as managers even though they do not fill vital roles for the business. The FLSA dictates that “managers” must have specific abilities, for instance, hiring or firing employees, making schedules, or completing other tasks that are essential to the running of the business. Typically these employees do not perform these duties and are instead only labeled as managers for employers to save money by avoiding paying overtime.
Another unlawful practice that the Best Buy may perform is having employees clock in before a shift or asking them to stay after a shift without compensating them. This practice of manipulating time cards to keep payroll costs down is a violation of the FLSA and can result in a lawsuit.
How Can a FLSA Lawyer Help You
An experienced lawyer can analyze your case and see if you are entitled to lost overtime wages from Costco by evaluating how state and federal laws apply to your situation.
Does Best Buy Have to Pay Overtime Wages to Employees?
For the most part, Best Buy must pay overtime to non-exempt employees who work more than 40 hours in a week as long as they are not excluded by the FLSA. However, these exemptions become more complicated by some states that have additional laws governing them.
If you feel like you have been denied overtime wages, then it is in your best interest to consult an attorney with FLSA experience and knowledge of state overtime laws.
Are There Other Overtime Pay Lawsuits Involving Best Buy?
Here are a few examples from the many previous lawsuits that have been issued against other employers for failing to pay overtime wages:
Although not a labor suit, in 2014, Best Buy settled for $4.55 million in a class action lawsuit filed against them by consumers who claimed Best Buy was making unsolicited phone calls in contravention of the TCPA
Justia lists 50+ lawsuits against Best Buy related to labor/overtime issues
If you feel as though Best Buy or any another employer has denied you overtime wages, you could have a case. Please get in touch with the Lemberg Law legal team. Complete our form for a FREE case evaluation, or call 475-277-2200 NOW. Lemberg Law will evaluate your case as see if you are eligible to receive lost overtime wages as a non-exempt employee.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
