Audrey L. Stanley
April 17, 2018
A building manager who attended management meetings and supervised and directed others could still be entitled to overtime pay under the Fair Labor Standards Act (FLSA), the 2nd U.S. Circuit Court of Appeals held.
Total Management Solutions (TMS) employed the plaintiff as a building manager at St. John's University in New York and paid him an annual salary of $80,000. His duties included ensuring the cleanliness of buildings, supervising six to 15 cleaners, directing cleaners in their work, reallocating workers when short-staffed, setting up rooms for meetings or events, and attending a daily management meeting led by his supervisor. His boss distributed work orders to the plaintiff, who then selected cleaners to carry out the orders.