Georgia Court Evaluates Executive Exemption Under FLSA
When is a store manager truly a manager, and not just a lead hourly employee, for purposes of the executive exemption of the Fair Labor Standards Act? Employers recently received some positive guidance from the South Carolina district court in Gooden v. Dolgencorp, Inc., 3:10-cv-1059, Dkt. 60, (U.S.D.C. So. Car. Ap. 3, 2012) and Thomas v. Dolgencorp, Inc., 3:10-cv-1061, Dkt. 59, (U.S.D.C. So. Car. Ap. 3, 2012).
The Plaintiffs in these cases each managed a Dollar General store and performed managerial and non-managerial duties, often simultaneously. Dollar General successfully argued that the Plaintiffs were exempt from overtime compensation under the executive exemption. The Court began its analysis by asking “what is the employee’s primary job duty?” While there are many factors in answering this question, the amount of time the employee spends on management verses non-management tasks is a “useful guide” and a “good rule of thumb.” Multitasking or performing both management and hourly duties at the same time, as these retail managers did, “is explicitly recognized as a managerial duty by the Department of Labor’s regulations.” Dollar General also met the other exemption elements, including the relative importance of their management duties, the frequency in which these management duties were performed, their relative freedom from supervision, the differences in their pay and that of their subordinates, and their discretion over subordinates. Ultimately, the opinion rested heavily on the Plaintiffs' testimony that the stores could not function without someone performing their management duties. The fact that Dollar General had certain operating procedures to follow and that each manager ultimately reported to a district manager was insufficient, without more, to negate the discretion these managers had over their stores. The Court granted summary judgment to Dollar General in both cases.
The application of a FLSA exemption is fact-intensive and job titles do not control. Simply holding the title of the highest level employee at a retail store does not automatically mean that the employee is exempt, either. Other retailers have not been as successful in establishing that their store management employees are exempt from overtime where the “managerial” employees functioned largely as lead employees who followed set policies, had little discretion to affect operations, and often had little authority over subordinate staff. Other large retail operations have had trouble establishing the appropriateness of FLSA exemptions for their store management. Clearly, the use of these exemptions should be done with caution, after a sound job audit and determination that every element of the exemption is met, and after checking to make sure the exemptions are also in compliance with state laws. For large employers, these steps will help protect against and, if needs be, provide a sound defense, not only single wage claims but the much more expensive and time-consuming collective action under the FLSA or related state statutes.
Featured Insights

Event
Apr 23, 2026
Driving Ahead: Insights from Industry Leaders Auto Finance Seminar

Consumer Crossroads: Where Financial Services and Litigation Intersect
Mar 13, 2026
DOJ Settlement with Car Retailer Highlights SCRA Repossession Risks

Privacy, Cyber & AI Decoded Alert
Mar 11, 2026
Compliance Considerations for GDPR Consent in Biotech Clinical Research

Press Release
Mar 4, 2026
Marcia Mueller Named the 2026 Mentorship Award Winner by YWCA Northwestern Illinois

Press Release
Mar 3, 2026
Hinshaw Announces New Administrative Leadership Appointments

In The News
Feb 27, 2026
Hinshaw Partners Examine Implications for Nursing Homes of New Illinois Aid-in-Dying Law

In The News
Feb 24, 2026
Lucy Wang Authors Law360 “Expert Analysis” on Why Attorney Civility Means More in 2026

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner
![[Video] New Regulatory Priorities Under Mayor Mamdani’s NYC Department of Consumer and Worker Protection](/a/web/oHiTWa7kRy3Ht1brq6k4BT/bkMx39/new-york-city-skyline.jpg)
