Warning: denied overtime for 6 months

Looking for advice on a legal issue. Here's what happened.

denied overtime for 6 months. I've been dealing with this for about 8 weeks now and teh situation isn't improving fr fr.

I have worked at this company for 1 years. My position is non-exempt and I do not have a written employment agreement beyond the standard offer letter.

Do I have a strong case? What should my next steps be?

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

Literally had this conversation with my lawyer last month.

The thing that gets people is filing with the appropriate government agency. I'd recommend gathering evidence first instead.

Oh god, another one of these.

What worked for me was having everything documented. It took 3-6 months but was worth it.

Not a lawyer, but I have direct experience with this.

I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run.

This is textbook misclassification. Under the FLSA, the "executive exemption" requires:

1. Salary of at least $844/week (as of 2024 DOL rule)
2. Primary duty is MANAGING the enterprise or a department
3. Customarily and regularly directs the work of TWO OR MORE full-time employees
4. Authority to hire/fire or recommendations carry particular weight

You fail criteria 2 and 3: if 90% of your time is non-managerial work and you only supervise one part-timer, you're almost certainly non-exempt and owed overtime at 1.5x your regular rate.

Damages: 6 months × ~12 overtime hours/week × 1.5x rate. Plus liquidated damages (double the unpaid wages under FLSA) if the employer can't prove good faith. Plus attorney fees.

Most wage theft attorneys work on contingency. The "Assistant Manager" title trick is one of the most common FLSA violations — you have a strong case. File a DOL complaint or contact an employment attorney. The statute of limitations is 2 years (3 for willful violations).