Migliaccio & Rathod LLP is investigating whether Primark improperly classifies Assistant Store Managers (“ASMs”) and related supervisory employees as exempt from overtime pay requirements.
According to employee reports and public job descriptions, Primark ASMs allegedly spend substantial portions of their workweeks performing operational and manual tasks, including floor recovery, merchandising, markdowns, unloading truck shipments, fitting-room coverage, cashier assistance, and inventory support. Workers also report frequent weekend work, extended schedules exceeding 50 hours per week, and limited flexibility.
Although Primark assistant managers may receive salaries, federal wage law requires more than salaried status alone to satisfy the executive exemption. Employees whose primary duties are operational rather than managerial may still qualify for overtime compensation.
Potentially Affected Positions
Potentially impacted Primark positions may include:
- Assistant Store Manager
- Department Manager
- Retail Assistant Manager
- Operations Manager
- Manager-in-Training
- MIT positions
- Retail Leadership Trainee roles
Alleged Common Practices
Primark workers have reported:
- spending most shifts performing floor coverage and operational work;
- limited authority over hiring or termination decisions;
- standardized corporate control over store operations;
- routine 50- to 60-hour workweeks;
- mandatory weekend schedules;
- extensive unloading, stocking, and merchandising responsibilities.
Arbitration Investigation
The firm is investigating whether Primark requires assistant managers or trainees to enter arbitration agreements that may affect how wage claims proceed.
If you worked for Primark in an assistant-management role and routinely worked overtime hours without additional compensation, 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.