Question
Frederic was hired to be the executive head chef for a new, high-end restaurant. He was involved in buying equipment, suggesting menu items, hiring and
Frederic was hired to be the executive head chef for a new, high-end restaurant. He was involved in buying equipment, suggesting menu items, hiring and training staff, and running the kitchen. The restaurant was very busy from the start. They were short-staffed, and Frederic ended up prepping the kitchen and cooking most of the time. He also had to clean the sinks and floor in the kitchen and take out the garbage after the restaurant closed. He said he was working between 80 and 100 hours per week, mostly due to lack of staff. After asking for a day off because he was feeling overly tired, the owner of the restaurant fired him. Frederic filed a claim for unpaid overtime pay, arguing the managerial exemption did not apply to him because despite his title, the bulk of his work consisted of non-managerial duties. The employer argued he was a manager and therefore covered by the exemption. Who do you think would be successful?
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