Am I entitled to overtime pay?
UPDATED: Oct 1, 2022
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Am I entitled to overtime pay?
I have worked as a store manager for over 3 years, I was required to work 52 hours a week and was paid a weekly salary but the majority of the time I actually worked more hours. And though I was paid as a manager, 90% of my work consisted of unloading trucks, stocking shelves, and resetting the store. I was given a set amount of hours for me to give my other employees and the extra hours had to be worked by me. I was forced to work in my store the majority of the time by myself and still meet the deadlines within the time frame the company expected. If we were short handed I was required to cover those hours as well and still received the same salary regardless of the amount of hours that I worked.
Asked on February 28, 2018 under Employment Labor Law, Oklahoma
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Under the "Executive" exemption for overtime (which really should be called the "managerial" exemption, since it applies to non-executive managers), to be exempt:
1) You had to be paid a salary of at least $455/week;
2) Your primary or main duty or responsibiltiy had to be management--not that you could not also personally do work, including manual work, but the most important part of your job had to be management;
3) You had to manage at least 2 full time employees, or their equiavalent in part time staff (e.g. 4 1/2-time employees; 1 full time and 2 1/2-time; etc.);
4) As part of managing other staff, you had to have at least meaningful input into hiring, firing, and discipline (you did not have to have the final say so long as your input was strongly considered).
Assuming you met these criteria, you were exempt from overtime. If you did not meet all these criteria, then even though you were salaried, you should have received extra pay (overtime) when working more than 40 hours per week. You can recover back overtime for up to two (2) years, so potentially, you could seek 12 hours (or more) per week (based on 52 hours/week, as you write) for 52 weeks (or less if you took vacations) for 2 years, or up to around 1,200 or so hours of overtime, give or take. If you feel that may be the case, consult with an employment attorney about possibly suing.
Here is a link to a Dept. of Labor (DOL) FAQ sheet about this exemption: https://www.dol.gov/whd/overtime/fs17b_executive.pdf
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