If I am a salaried retail store manager who works at least 50 hours a week but company is showing my average hours at 42, is this legal?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I am a salaried retail store manager who works at least 50 hours a week but company is showing my average hours at 42, is this legal?
I also have a salaried assistant manager who works less hours then me,but his average hours is showing at 44. Is this legal?
Asked on September 27, 2011 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you are a salaried employee, then the hours you work don't matter UNLESS you are eligible for overtime; then the amount of hours over 40 matters. Otherwise, salaried employees who are exempt from overtime are paid their salary no matter how many hours they work in a week. For salaried exempt employees, therefore, it doesn't matter how many hours are recorded, or whether hours are tracked at all.
It is possible to be salaried and also be eligible for overtime. The test for when you can receive overtime is based on the nature of your job responsibilities, not what you are called or how you are paid. You can find the tests at the Dept. of Labor (DOL) website; in brief, to be an exempt "executive" (or manager) you need a certain amount of authority and need to manage at least two people. If you not exempt from overtime, then for each hour past 40 your work in a week, you are due additional pay.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.