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 (FLSA), some employees are exempt from receiving overtime pay. To be classified as an exempt executive, an employee must meet certain criteria:
- Be paid on a salary basis at least $155 per week (or $250 per week under a shorter test).
- Have a primary duty of managing the enterprise or a recognized department.
- Direct the work of at least two other employees.
- Have authority over hiring or firing decisions or provide significant input on such matters.
- Exercise discretionary powers regularly.
- Spend no more than 20 percent (or up to 40 percent in retail) of their time on non-exempt work.
If you do not meet these criteria, you may be entitled to overtime pay for hours worked beyond 40 in a week. If you believe you qualify for overtime, you may want to consult with a labor attorney or your HR department for guidance.
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.