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Labor Issues

Q. I'm told "no overtime pay because you're a manager" but I have no subordinates and no schedule flexibility. Am I a manager in name only?

A.

Without subordinates or schedule flexibility, you're a nominal manager entitled to overtime back pay for 3 years.

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Labor Standards Act Art. 41(2) "supervisory managers" are exempt from overtime, but the test is substantive: participation in management decisions, supervisory authority, schedule flexibility, and appropriate compensation (McDonald's Japan case, Tokyo District Court 2008). Without subordinates or schedule freedom, you're a "manager in name only" and entitled to overtime. Claims can go back 3 years.
This article provides general legal information and does not constitute legal advice. For specific legal issues, please consult with a qualified attorney.

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