Former Employee Sues McCoy’s Building Supply

According to the judgment, McCoy’s was not ruled liable for damages under the Fair Labor Standards act as the company had acted in good faith with their classification of Rivera as an exempt employee.  

A United States Magistrate Judge in New Mexico handed down judgment on a lawsuit between a former employee and McCoy’s Building Supply on March 6.

Joe Rivera was the assistant store manager at the Roswell McCoy’s Building Supply store in New Mexico. After his termination, Rivera filed a lawsuit against McCoy’s claiming the company had failed to pay him his overtime wages.

United States Magistrate Judge Cameron E. Garza presided over the lawsuit in the New Mexico District Court.

Under the New Mexico Minimal Wage act, executive employees and ‘supervisors’ are exempted from its minimum and overtime requirements.

Fellow employees testified that while the Plaintiff was in a managerial position, he rarely performed the majority of his managerial duties.

According to the judgment file, Rivera’s job description as assistant manager outlined the responsibilities, however the Plaintiff did not help Store Manager Marisa Mapp with analyzing or preparing various report, profit and loss statements, ordering or managing inventory, or scheduling.

Rivera worked full-time and was the sole supervisor on site one day a week.

The evidence showed the majority of the tasks Rivera performed were ‘non-managerial’ tasks such as restocking shelves, walking the yard, cleaning and working a cash register.

The judgment states Rivera was protected under the New Mexico MWA as the evidence showed the work the Plaintiff performed was primarily ‘non-managerial’ tasks.

In a statement from McCoy’s, Kent Williams, Vice President of HR/People Development for McCoys, said the company was disappointed and disagreed with the court’s decision.

In reaching the decision under New Mexico law, the company felt the court did not follow federal law “that an otherwise exempt employee cannot make himself non-exempt by failing or refusing to do the work he has been trained to do.”

“Here, Rivera chose not to perform the responsibilities and duties that were expected of him as an assistant manager,” Williams said, “Or was simply not employed long enough to perform those responsibilities.”

The plaintiff was employed with McCoy’s from the middle of May 2014 to the middle of August 2014.

“McCoy’s believes that the Court’s opinion actually affirms the fact that assistant store managers at McCoy’s are properly classified as exempt employees under both New Mexico and federal law,” Williams said.

Williams also said when an assistant store manager performs the responsibilities described in the job description, their primary duty is management of at least two other employees and is thus exempted from overtime wages.

According to the judgment, McCoy’s was not ruled liable for damages under the Fair Labor Standards act as the company had acted in good faith with their classification of Rivera as an exempt employee.  

The San Marcos headquartered company was required to pay Rivera $6,411.60 in overtime and $12,823.20 in treble damages.