Full question:
I was hired as a salaried retail store manager and told my work week would be 40 -45 hours per week. This was verbal. I am now expected to work a lot more. Recently I have logged well over 60 hours but my check still says 40 hours. Is there any rule or law governing extra pay for these hours even though I am on a salary?
- Category: Employment
- Date:
- State: South Carolina
Answer:
Under the Fair Labor Standards Act, certain employees are excluded from the requirement of overtime pay. To qualify as an exempt executive under the current regulations, an
employee must be compensated on a salary basis at a rate of not less
than $155 per week and meet the ``long'' duties test, or at a rate of
not less than $250 per week and meet an abbreviated ``short'' duties
test. The long test requires that an exempt executive employee: Have a
primary duty of managing the enterprise (or a recognized department or
subdivision thereof); customarily and regularly direct the work of two
or more other employees; have authority to hire or fire other employees
or have particular weight given to suggestions and recommendations as
to hiring, firing, advancement, promotion or other change of status;
customarily and regularly exercise discretionary powers; and devote no
more than 20 percent (or as much as 40 percent in retail or service
establishments) of hours worked per week to activities that are not
directly and closely related to performing exempt managerial work. The
percentage restrictions on performing nonexempt work in the long test
do not apply to an employee who is in sole charge of an independent or
physically separate branch establishment, or to an owner of at least a
20 percent interest in the enterprise in which the employee is
employed. The executive short duties test requires that the employee
have a primary duty of managing the enterprise (or a recognized
department or subdivision thereof) and customarily and regularly direct
the work of two or more other employees.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
