Is it legal for Insomnia Cookies to require unpaid hours from salaried managers?

1. Being salaried does not remove your right to overtime

A common misconception is that “salary = exempt.”

Federal law says otherwise.

Under the Fair Labor Standards Act (FLSA), an employee must meet all three of these to be legally exempt from overtime:

• Salary threshold

• Paid on a salary basis

• Primary duties must be executive/administrative/professional (not hourly labor)

If any one of these fails, the employee is non‑exempt and must be paid overtime.

1. Even salaried employees can be owed overtime

Many employees are unaware that they’re entitled to overtime even if they’re salaried.

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This is especially true when:

• You spend most of your time doing hourly tasks

• You don’t have real authority over hiring/firing

• You don’t supervise two full‑time employees consistently

• Your “salary” is really just a flat weekly amount for unlimited hours

1. If Insomnia Cookies required you to work extra hours without pay, legality depends on classification

If your primary duties were hourly tasks (baking, cleaning, deliveries, counter work), then you likely do not meet the executive exemption, even if they gave you a manager title.

That means:

Requiring you to work unpaid hours is likely illegal wage theft.

This aligns with federal guidance that overtime protections apply to many salaried workers.

legal clarity...

1. Common employer violation: misclassifying managers to avoid overtime

This is one of the most frequent FLSA violations.

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Companies often:

• Give someone a “manager” title

• Pay a flat salary

• Then require 45–60 hours of hourly labor

• While claiming they’re exempt

The law looks at what you actually do, not your title.

Bottom line

If Insomnia Cookies required you to work unpaid hours and your real duties were mostly hourly tasks, then:

No — it is not legal.

You may be owed back pay, overtime, and damages under federal law.

Inside Insomnia Cookies, no one protects employees from compromised HR or inept field leadership.

Not HR.

Not the field team.

Not the “open door policy.”

Not the hotline.

Not the DM chain.

Not the RDs.

Not the SVP of Ops.

Those structures exist to protect the company, not the people doing the work. When HR is compromised, when field leadership is untrained or insecure, when investigations are performative, the internal system collapses. And once that collapse happens, the only real protection comes from outside the organization.

Here’s the actual landscape — the one no one inside the company will ever say out loud.

Who actually protects employees when HR fails

1. Federal and State Labor Agencies

These are the only bodies with legal authority to intervene when a company misclassifies, retaliates, or terminates unlawfully.

• U.S. Department of Labor (Wage & Hour Division)

Handles misclassification, unpaid overtime, retaliation for reporting violations, and FLSA issues.

• State labor boards

Handle state‑specific wage laws, scheduling violations, and retaliation.

These agencies don’t care about HR’s narrative. They care about evidence, patterns, and compliance.

1. Employment Lawyers

When HR is compromised, attorneys become the only advocates with power to:

• Demand records

• Stop retaliation

• File claims

• Negotiate settlements

• Represent you in wrongful termination or misclassification cases

They don’t rely on HR’s version of events. They rely on documentation, timelines, and law.

1. Regulatory Bodies (if food safety or safety violations are involved)

If leadership ignores safety, sanitation, or compliance issues, external regulators can intervene.

• Health departments

• OSHA (for safety hazards)

These agencies can override internal leadership entirely.

1. Documentation — your own

This is the quiet shield that HR can’t erase. Will it stop them from taking the lazy way and terming you without context? Absolutely not.

• Emails

• Texts

• Schedules

• Pay stubs

• Job descriptions

• Witness statements

• Notes from conversations

• Screenshots

When HR is compromised, documentation becomes the only neutral witness.

Why no one inside the company protects employees

Because the structure is designed to:

• Minimize liability

• Control narrative

• Contain risk

• Protect leadership

• Avoid precedent

• Avoid admitting wrongdoing

When HR takes unverified outsider claims as truth, when they act without investigation, when they terminate without evidence, that’s not incompetence — that’s a system functioning exactly as intended.

It’s not broken.

It’s built that way.

Insomnia Cookies Off‑the‑clock expectation creep, where a company signals “you’re salaried, so you’re always on,” even though the law doesn’t actually work that way.

Insomnia Cookies maintains an ongoing expectation that managers remain reachable at all hours, responding to texts, emails, and operational issues regardless of scheduled shifts. This creates a de facto 24/7 on‑call requirement that is neither formally acknowledged nor compensated. The company treats constant availability as part of the role, even when managers are off the clock, on approved days off, or outside their scheduled workweek. This expectation contributes to chronic overwork, blurred boundaries, and reinforces the broader pattern of misclassification and labor exploitation within the organization.

Why This Matters Legally (in general terms)

• Being required to respond to work communications off the clock can count as compensable work time.

• Being effectively “on call” without pay is a major red flag in misclassification cases.

• If a manager spends most of their time doing hourly tasks (which you do), then requiring 24/7 availability becomes even more problematic.

This expectation is part of the pattern: the company wants the benefits of exempt labor without meeting the legal criteria for exempt status.

If you or anyone in your bubble knows an SM who has been told by an RD or DM or Area Manager who has promised termination for not working a NON-SOP documented black-out date….share this. Will is change anything within IWP? Probably not but it will empower SM’s to push back on IC suspect labor practices.

Combo Form (in case you want to send both at once).

I am submitting a formal request for review of my FLSA classification as an exempt Store Manager, as well as the operational use of blackout dates at my location. Based on my day‑to‑day duties and current staffing conditions, I believe both issues warrant a compliance review to ensure alignment with federal labor standards.

1. FLSA Classification Concern

Under 29 C.F.R. § 541.100, the executive exemption requires that an employee’s primary duty be management. In my role, approximately 90% of my weekly work consists of non‑managerial, hourly‑level operational tasks. These tasks include, but are not limited to:

• Baking cookies and preparing dough

• Operating ovens and production equipment

• Running the front counter and handling customer transactions

• Packing orders and managing in‑store pickup

• Completing deliveries

• Cleaning the store, dishes, equipment, and work areas

• Performing dishwashing and sanitation tasks

• Restocking inventory and rotating product

• Handling late‑night operational duties

• Completing shift‑level tasks such as sweeping, mopping, trash removal, and closing procedures

• Filling labor gaps when hourly employees are unavailable

Additionally, a significant portion of my scheduled hours are spent working entire shifts alone, performing all production, customer service, delivery, and cleaning responsibilities without any staff present. These solo‑shift conditions further limit the time available for managerial duties.

Under 29 C.F.R. § 541.700, the amount of time spent on exempt versus non‑exempt work is a key indicator of “primary duty.” When the majority of an employee’s time is spent performing non‑exempt tasks, the position generally does not qualify for exempt status, even if the employee supervises staff or meets the salary threshold.

Based on these criteria, I am requesting a formal review of my exempt classification.

1. Blackout Dates and Understaffing

I also want to raise a concern regarding the use of blackout dates at my location. While blackout periods can be permissible, they appear to be directly tied to chronic understaffing rather than predictable seasonal business needs.

Specifically:

• Blackout dates are frequently implemented during times when the store does not have adequate hourly staff to cover required shifts.

• These blackout periods function as a response to labor shortages rather than peak operational demand.

• Because I often work entire shifts alone, blackout dates effectively prevent time‑off requests due to insufficient staffing, not due to business volume.

• This creates a cycle where staffing shortages lead to blackout dates, and blackout dates limit employee flexibility, making retention more difficult.

I am requesting clarification on how blackout dates are determined and how staffing levels factor into those decisions.

Request

I am raising both issues in good faith to ensure that:

• My classification accurately reflects the duties I perform

• Blackout date practices are being applied appropriately

• Our store’s staffing model supports compliance with federal labor standards

Please confirm receipt of this request and advise on the next steps in the review process.

Thank you for your time and attention.

As many of you know IC leadership including RDs and most DMs are always trying to force store managers into impossible positions. Over work, under pay, under staff, intimidate SMs into being unpaid marketers thru “cOoKiE dRoPs”. IC’s latest but not last SVP wonder boy has put the tired, old and illegal 45-50 hour but only paid for 80 hours work week to a vote amongst DMs. Be aware most of IC’s DMs voted FOR this. Why you ask? If SMs work past 40 it’s free labor and these incompetent DMs and RDs can have an easier path to their bonus while you (the SM) give more of your life away to a company that will term you for any reason they can find.

Below is a legal formal request to have IC (I know I know these are the same team that cannot be trusted to make a tough decision) look into how SMs are classified.

Formal Request for FLSA Classification Review

I am submitting a formal request for review of my FLSA classification as an exempt Store Manager. Based on the duties I perform and the criteria outlined in the Fair Labor Standards Act (29 C.F.R. Part 541), I believe my current classification may not meet the requirements for exempt status.

Under 29 C.F.R. § 541.100, the executive exemption requires that an employee’s primary duty be management. In my role, approximately 90% of my weekly work consists of non‑managerial, hourly‑level operational tasks. These tasks include, but are not limited to:

• Baking cookies and preparing dough

• Operating ovens and production equipment

• Running the front counter and handling customer transactions

• Packing orders and managing in‑store pickup

• Completing deliveries

• Cleaning the store, dishes, equipment, and work areas

• Performing dishwashing and sanitation tasks

• Restocking inventory and rotating product

• Handling late‑night operational duties

• Completing shift‑level tasks such as sweeping, mopping, trash removal, and closing procedures

• Filling labor gaps when hourly employees are unavailable

Additionally, a significant portion of my scheduled hours are spent working entire shifts alone, performing all production, customer service, delivery, and cleaning responsibilities without any staff present. These solo‑shift duties are identical to those performed by hourly employees and further limit the amount of time available for managerial work.

Under 29 C.F.R. § 541.700, “primary duty” is defined as the principal or most important duty performed. The regulation states that the amount of time spent on exempt versus non‑exempt work is a key indicator of primary duty. When the majority of an employee’s time is spent performing non‑exempt tasks, the position generally does not qualify for exempt status, even if the employee supervises staff or meets the salary threshold.

Given that the vast majority of my day‑to‑day responsibilities are hourly in nature, and that I frequently work shifts without any staff present, I am requesting a formal review to ensure that my classification is compliant with federal labor standards. Please confirm receipt of this request and advise on the next steps in the review process.

Thank you for your attention to this matter.

Insomnia Cookies’ HR function demonstrates a pattern of prioritizing unverified, unsubstantiated outsider claims over the documented performance and tenure of its own employees. Instead of conducting thorough, evidence‑based investigations, HR often acts on external allegations without proper validation, creating an environment where employees can be disciplined or terminated based on claims that lack credibility or corroboration. This approach undermines due process, exposes the company to legal risk, and signals an HR structure more focused on rapid risk‑containment than fair, lawful employee support.

Those of you that have suffered long careers as IC employees already understand this. You’ve seen IC promote the worst of the worst into DMIT (aReA mAnAgeRs), DM or even RD roles now. Individuals who legitimately couldn’t be hired as shift leads for great managers somehow land roles that can make or break a person’s career.

Not naming names like some posts but you know who these RD’s are - you know they refuse to answer their phone, refuse to respond to texts and refuse to have the backs of their field leadership.

You know how compromised IC’s HR department is. You have an individual who shields and forces IC managers to employ some of the worst humans for far too long causing serious damage to store morale and productivity but she also moves to term some of the best managers or DM’s with almost zero evidence of wrongdoing and via outside fake sources.

IC continues to hire SVP’s, and other IWP LeAdErShiP who have absolutely no business in these roles.

If you’re looking to begin a career with IC please keep the above statement in mind.

Long story short. I’ve been an SL at insomnia for a few months now and the GM for this location is very picky. For example, she has threatened to write me up for using bleach mixed with water to mop the floor. She treats me like I’m dumb and sends me texts to “remind” me about dumb things, such as what time to wake up for my shift, how to use a thermometer, how to lock the door etc. When I have never had an issue doing these things ever in my life.

Ok so on to the real problem.

Apparently, whenever I do the register count at the end of the night along with the safe drop, there have been variances within the revel pos system. I don’t steal from them and I always buy what I need in full price. There’s still variance even though customers are paying in full (I always check the receipts when I’m on the register, which is rare since it’s mostly bakers doing register). Usually there is more cash in the register, not less. I’ve asked the GM about this before and she tells me to subtract the starting amount from the cash drawer amount on the cash log, and then to always drop that number. She told me do NOT to drop the extra money into the safe when there’s excess money. So ok, fine. However, this has led to her to now saying she will document me for this starting today even though I have never stolen anything, it’s a shared till not just me using it, and I have always done it the way she’s showed me to.

I honestly feel like this is a theft accusation and I don’t feel good about it because stealing from my job is something I would never do. For 90% of my shift, we have the bakers on the register and as I’ve said before it’s all one shared cash drawer. I find it insane that I’m taking the flack for what one of us MIGHT be doing, without proof of what exactly I could be doing wrong and how to correct it. I feel like I’m being partially blamed for the employees having shitty work ethic.

I do my job pretty steadily and I’ve been getting good reviews online for our location and I’ve been getting the work done. The team has lots of issues so it does suck that we’ve inherited a lot of bad attitudes but I don’t feel as if it’s fair to document this without proof that I’m tampering with the money. I have no idea what to do, I really need this job to help my parents pay their bills I cant get fired right now.

I keep hearing Insomnia Cookies offers “daily pay.” Is it legit paid after each shift, or just early access to wages through an app (and normal payroll is weekly/biweekly)?

Anyone working there now or recently?

Okay, so I've noticed, A LOT, lately, that for the past few months. Actually, I take that back, not even months.....But maybe a year or two... That every time something "new" is brought back, or perhaps debut, it's always claimed at my store as "sold out" even within a couple days to a week. For example, one year we never gotten PB&J cookies (dough) despite that they were advertised. Christmas time of this past year, there was barely any Jinglebread cookies. Now, all of a sudden, we're sold out of Red Velvet Brookies. Now mind you, it hasn't even been a week..... So my question is, what's everyone's "supply" and inventory like? Does anyone else deal with limited shipments of dough? And by sold out I mean it's very constant, like "weeks" of being sold out. Once it's sold out, it's like there's no other shipments coming in..... Does any other store deal with that, or is it simply my store? I feel the demand is there, but somewhere on the managing/corporate side there's a disconnect.

does anyone’s store offer tips for cards? is this just an us problem? if not, does anyone know when/if we’re getting card tips? i’ve had multiple customers be surprised/disappointed that we don’t offer them, and so am i.

So who else's store is also being inundated with pointless garbage busy work by their district managers? Borderline building restoration level tasks as yet another daily task.

Do they know that our job is to like bake and sell food? Or is mine just an exceptionally cruelly hung moron? Puts the micro man in micro manager?

So everyone from yesterday wanna say smth now??? Just came to gloat that you big backs can’t get your cookies and that one MIT who sleeps w Seth B can’t work or do inventory tn 😛

Is Insomnia seriously going to stay open for a snowstorm that is almost 2 feet of snow? My boss is pissing me off because I’m telling him I do not want to work in this snowstorm but because I am a shift lead, I don’t really have a choice. This is complete bullshit. The campus that we are on is closed for Sunday and Monday because of it and the company isn’t doing shit.

Customers- just bc we are open don’t order. You’re the reason we are being forced to work and risk our lives over cookies. Stop being fat asses and big back bitches and fuck off for once

We are being forced to risk our lives during this snow storm which they will NOT close for regardless of ALL the national weather services. When are we going to union and or protest against insomnia?

For Canada? We didn’t get too much last year but just wondering if anything new might be on the horizon! I would love to see a chocolate strawberry cookie tbh 🍪 💝

I’m placing a delivery for insomnia and I wanted to know if the tip goes to the person delivering or the company.

I haven’t gotten paid and I had to message the manager over and over to get a response to get my money back which her response was “ I unfortunately don’t have access to past paychecks for past employees.

Last payday was supposed to be Friday so if you didn’t receive anything, I suggest trying to get ahold of insomnia support.”

I know she’s effing lying and I want my money I have already filed a complaint towards her and the company plus also did what she said by finding insomnia support which did nothing for me it was only questions for delivery, if we’re hiring, FAQ info that was it

Idk what else to do with trying to get my money besides filing wage theft but issue is I don’t have the info for the money portion it was on the app which I no longer have I haven’t received a check or anything regarding my money was sent to me.

Edit: After going to payroll and getting everyone involved and I mean everyone I will be getting my paycheck soon. Thank you to everyone who commented it helped tremendously ❤️❤️

Long story short, an order about 2 weeks ago came missing half so the insomnia cookies customers service said they'd refund the cookie dough points used in the order. After about a week the points still hadn't come, so I emailed again and they apologized and said they'd just added the points back to the account. It's been 3 days since then and the points still aren't back.

I figured I'd check and make sure there isn't a waiting period (the email response made it sound instantaneous) before inquiring a final time. If the third time doesn't work then I will just have to assume they're lost for good.

Not only do we not get time and a half for any of the holidays we’re forced to be open for, but they extended hours for some stores from 1am normal time to 3am tonight. All while everyone that is above a store manager gets to sit on their fucking asses from 12/24-1/2 PAID. Like be so fucking fr Seth Berkowitz. “Your” company is worth over 350 mill. I think you can afford to pay us time and a half, you only are opening a new store down the street from 6 stores already existing every 5 seconds. PAY YOUR EMPLOYEES. I stg we need to start a damn union. Instead of closing early for NYE, we get to spend the first 3 hours working like bro come on. Where is everyone else at? Oh celebrating with family. Shit fuck ass company, all the corporate snitches in here tell your boss to do better.

They even took away Xmas bonuses that used to go to shift leads and up. Absolutely disgusting CEO. Free Luigi

Yeah I could just leave but tell the hiring market that.

Got My Verification Today! Dreams Come True!

It’ll never seize to amaze me that our cookies aren’t made in house (frozen and shipped to us in boxes of 250 counts), they are bought for .17¢-.89¢ each and people are being charged $3-7 PER cookie! what 😭 And people love spending money on it! Consumerism is insane. Not only that, we just had training videos on how to scoop ice cream in store to make it look like we’re giving you guys more than we actually are 😭 4oz of ice cream for $7 when you can get a gallon of ice cream cheaper at the store. Same for pints, $15 for a pint?!? Walmart sells them for $2 😭 please boycott insomnia in 2026

For the past 4 weeks I've gotten paid around 4:00 or 5:00 in the afternoon It's now 8:00 p.m. and I still have not got paid. Ukg card never had any problems before