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March 2019

Last week, a class of current and former managers of Steak ‘n Shake, a fast food restaurant, were awarded 2.9 million in lost wages by a Missouri jury who determined that the managers were non-exempt employees under the law and should have been paid overtime.  The case, Clendenen v. Steak N Shake Operations, Inc., is another huge win for misclassified retail managers everywhere.[1] Far too often, employers in various industries classify employees that have “manager” in their title as exempt from overtime compensation without conducting the requisite evaluation of whether the employee’s duties actually meet the requirements for the executive exemption