Migliaccio & Rathod LLP is investigating whether Buc-ee’s improperly classifies certain assistant management employees as overtime-exempt despite allegedly requiring them to spend most of their workweeks performing the same manual labor tasks as hourly employees.
Reports from current and former workers suggest that Buc-ee’s Assistant General Managers, Food Service Managers, and similar supervisory employees regularly work 50 to 60+ hours per week while primarily performing front-line operational work, including cashier coverage, stocking, food preparation, cleaning, customer service, and shift coverage. Employees also report limited authority over hiring, firing, payroll, scheduling discretion, pricing, or broader business operations.
Under the federal Fair Labor Standards Act (“FLSA”), employees generally must receive overtime pay at one-and-one-half times their regular rate for hours worked over 40 in a workweek unless they satisfy narrow exemption requirements. Merely paying an employee a salary or giving them a management-sounding title does not automatically eliminate overtime protections.
The FLSA’s executive exemption typically requires that:
- the employee’s primary duty is management;
- the employee regularly directs at least two full-time employees; and
- the employee has meaningful authority over personnel decisions or their recommendations carry significant weight.
Buc-ee’s workers who spend most of their time performing the same manual or operational tasks as hourly employees may still be entitled to overtime compensation even if they are classified as salaried managers.
Potentially Affected Positions
Potentially impacted positions may include:
- Assistant General Manager
- Assistant Manager
- Food Service Manager
- Assistant Food Service Manager
- Manager-in-Training
- MIT positions
- Operations Manager
- Shift Manager roles classified as exempt
Alleged Common Practices
Buc-ee’s workers have reported:
- routinely working 50- to 60-hour weeks;
- spending most shifts on the sales floor or in food-prep areas;
- covering staffing shortages through manual labor;
- limited independent discretion over staffing, budgeting, or policy;
- little meaningful authority regarding hiring or firing decisions;
- expectations to remain constantly on their feet for extended shifts;
- limited or inconsistent meal and rest breaks.
Arbitration Considerations
Because some employers require employees to sign arbitration agreements or class-action waivers as a condition of employment, the firm is also investigating whether Buc-ee’s utilizes mandatory arbitration provisions for assistant-management employees and whether claims may need to proceed through coordinated or mass arbitration proceedings.
Contact
If you worked for Buc-ee’s in an overtime-exempt assistant management role and regularly worked more than 40 hours per week without overtime pay, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call at (202) 470-3520.