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Class Action Lawsuit Filed Against Palm Beach Tan Over Unpaid Overtime Wages

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A former assistant store manager at a Palm Beach Tan salon has filed a federal class action lawsuit against the company, alleging that the company has failed to pay its employees overtime wages. The Southeast Texas Record reports that the suit was filed in the Eastern District of Texas, Sherman Division and that the suit accuses the tanning salon chain of misclassifying some employees as exempt from overtime pay.

According to FindLaw, the Fair Labor Standards Act does exempt executives, managers, and professional employees from overtime pay. However, former assistant store manager Kristin Bennington claims that her job duties only consisted of a small percentage of managerial duties. She claims that she spent the majority of her time cleaning tanning beds, operating the cash register, assisting customers and stocking merchandise. Hence, she claims that she and other employees should not be exempt from overtime pay under FLSA.

Employment lawyers are now representing a proposed class, where Kristin Bennington is asking the court for an award of overtime wages, liquidated damages, attorney's fees and costs on behalf of the class. The company Palm Beach Tan Inc. operates in 21 different U.S. states plus the District of Columbia. The state of Texas has over 50 Palm Beach Tan locations.

In Texas, there have been many employment law cases that involve Houston employment lawyers representing clients who are fighting for overtime wages. More information about the rules of paying overtime under FLSA can be found through our Related Resources pages.

Related Resources:

  • Managers Are Not Always Exempt from Overtime Pay (FindLaw's KnowledgeBase)
  • See a Houston Employment Lawyer (FindLaw)
  • Top 5 FLSA & Overtime Rules for Employers (FindLaw's Free Enterprise Blog)

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