Chris Bubbenmayer Was Working At Boca Bargoons Of Melbourne

ARGUMENT AND CITATIONS TO AUTHORITY

Appellant, Mr. Bubbenmayer was working at BOCA BARGOONS OF MELBOURNE as a “manager” until the time his employment with appellee ended. Under the Fair Labor Standards Act he should have been paid at one-and-a-half-times his regular hourly rate for all hours in excess of forty (40) per week but appellee, Boca Bargoons of Melbourne wrongfully misclassified Appelant, Chris Bubbenmayer as overtime exempt employee in order to avoid paying compensation to which they are entitled during his employment.

Appellee violates the federal fair labor standard acts by designating an employee as a “manager” who is entitled to overtime pay when that employee’s primary job responsibilities do not require supervising other

Other than Karen Lyda the only employees who ever worked in the store were temporary stock people.

The employees who worked with Mr. Bubbenmoyer saw no difference between his duties, and those of Ms. Lyda, who was an hourly-paid salesperson, who worked with Mr. Bubbenmoyer the entire time he worked at Defendant's Melbourne location. Eaton depo. at 15:7-11; McKinley depo. at 14:24-15:4; Lyda depo. at 21:16-22.

3) APELLANT DID NOT HAD THE AUTHORITY TO HIRE OR FIRE OTHER EMPLOYEES OR HIS SUGGESTIONS AND RECOMMENDATIONS AS TO THE HIRING, FIRING, ADVANCEMENT, PROMOTION, OR ANY OTHER CHANGE OF STATUS OF OTHER EMPLOYEES WERE NOT GIVEN “PARTICULAR

Even the temporary stock people is hired by Bernie Wollstein whom is the brother of the owner of the company also an administrative employee.

Appelant didn’t have a supervisory relationship with Karen Lyda and had never gave her any instruction ever. He did not event set Karen Lyda's schedule and that was pre-set before he arrived at the store and she never asked for any time off. Karen Lyda testified in her deposition that appellant neither evaluated nor disciplined her. Lyda. Id. at 66. She Also testified that, when she went from full-time to part-time, she knew that her new schedule had to be approved by the corporate office and appellant didn’t had such an authority. Lyda Dep. at 30.

Bubbenmoyer's supervisor, Bernie Wollstein, would hire employees to assist Mr. Bubbenmoyer in setting up the store, and with stock. Bubbenmoyer depo. at 22:17-21; 34:9-14. Bernie Wollstein also instructed those employees as to what to do. So Mr. Bubbenmoyer did not instruct nor supervise them as to their duties. Bubbenmoyer depo. at 22:22-23:3.15. Similarly, Ed Wollstein would hire employees to work with Mr. Bubbenmoyer, whom Mr. Bubbenmoyer did not hire. E. Wollstein depo.at 16:21-17:2.