An assistant store manager (ASM) at Safelite claims she was never paid overtime, despite regularly working more than 40 hours a week. She sued Safelite Fulfillment for allegedly violating the Fair Labor Standards Act (FLSA).
According to court documents, Tina Treesh has worked as an ASM for Safelite in Brandon, Florida, since December 2021. She filed a lawsuit against Safelite Fulfillment on March 25, 2025, and Safelite submitted a response on May 5.
Treesh claims the company illegally classified her and other ASMs as exempt from FLSA overtime regulations and “willfully” withheld overtime pay.
Tina Treesh filed her lawsuit against Safelite Fulfillment in the United States District Court for the Middle District of Florida.
“As an ASM, [Treesh] frequently worked more than 40 hours per work week as a condition of continued employment,” the lawsuit claims, adding that Safelite didn’t track Treesh’s hours, or those of the other ASMs.
“[They] routinely work between 50 and 60 hours per work week,” the document alleges.
According to payroll authority ADP, the FLSA requires employers to pay employees overtime unless they earn a salary over a certain threshold or serve in an administrative, professional, executive, computer or external sales role.
Treesh claims she was paid $21.49 hourly, and her duties didn’t meet any classification that would exempt her from overtime. According to suit, Treesh’s job included “printing and retrieving paperwork, answering customer phone calls, assisting walk-in customers, attending meetings, and following defendant’s procedures for processing returns and opening and closing the store. [An ASM’s duties needed] little skill and no capital investment, nor did said work include managerial responsibilities.”
Safelite claims Treesh earns an annual base salary of $63,500. It also denied any “policy or practice” of not paying overtime to non-exempt employees and denied any “similarly situated ASMs.”
Treesh alleges that “[Safelite’s] conduct has been widespread, repeated and consistent. Still, Safelite denies that there are any other ASMs in her position and, even if her claims are true, Safelite alleges it didn’t “willfully” withhold overtime pay.
Treesh asked the United States District Court for the Middle District of Florida, Tampa Division, to grant a jury trial and let her and her lawyers notify other ASMs so they could join the lawsuit. Treesh also requested her unpaid overtime pay, pre-judgment and post-judgment interest, compensation for time spent on the lawsuit and “reasonable” attorneys’ fees and legal costs. The lawsuit also asked the court to declare Safelite’s ASM payment practices unlawful and to forbid them from continuing.
According to court records, the lawsuit has had several hearings, but no trial date has been set.
Not surprised, Safelite breaks all kinds of rules and laws in Delaware every day. We have a right to choose the shop of your choice law, but no one will enforce it in the state’s attorney general’s office.
If ASM wins this lawsuit could I file one too even though I’ve been separated from the company over a year? I would still clock in and out even though I was on salary. I’d also work 50-60 hour work weeks.
This article sites the plaintiff earned over $60,000 annually. The FSLA law, effective January 1, 2025 excepts salaried employees earning over $58,656. Prior to July 1, 2024 employees earning more than $35,568 were exempt. Only in America can individuals file baseless lawsuits against corporate targets, regardless of being lawful or right, with their attorneys hoping for a settlement, (understanding it’s expensive and disruptive for the corporation to defend-regardless if they’re acting within the law.
Florida DOL has a higher threshold for highly compensated pay rate than the National law, I belive. Over $100k but I don’t have the number in front of me.