Workers' duties, not title, decide FLSA status.

Just calling someone a manager has no effect on whether they are eligible for overtime pay. You must always analyze their actual duties to make the exempt or nonexempt call.

Case in point: Topgolf classified its sales managers nationwide as exempt. They received salaries and commissions but weren't eligible for overtime.

The U.S. Department of Labor investigated and determined these "managers" didn't meet the Fair Labor Standards Act's supervisory requirements and were, therefore, eligible for overtime. Now Topgolf must pay $750,063 in back wages to 255 employees in 25 states.

Employees can be considered exempt supervisors if they:


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