Irene Grace became the store manager of a Family Dollar store and was paid a salary of

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Irene Grace became the store manager of a Family Dollar store and was paid a salary of $655 per week starting in 2002. She worked 50-65 hours per week. She resigned in 2004, and sued the employer for back overtime pay. Ms. Grace testified that her primary duty was freight and that she spent 95 percent of the time doing freight (doing it herself, not supervising other people doing it); she claimed that she spent 99 percent of the time during a week putting out freight, running a cash register, doing the schematics, and doing the janitorial work. She did not have the authority to hire or fire, but her recommendations were followed 95 percent of the time by the employer. She had assistance from subordinate employees for a total of 80 hours or more each week. A store manager opens and closes the store, procures merchandise, supervises and disciplines employees, deals with customer relations, maintains sales and financial records, and handles store money. District managers supervise store managers. Ms. Grace contends that the amount of time spent on managerial duties is a useful guide in determining if she was exempt from overtime pay requirement as an executive. She argues that she was not exempt because the vast amount of her time was devoted to nonexecutive tasks. The employer disagrees, saying she never ceased exercising discretion throughout the day as the store manager. Is Ms. Grace entitled to overtime pay? Decide. Grace v. Family Dollar Stores, 637 F.3d 508 (4th Cir. 2011).

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