Is a salaried assistant manager considered to be exempt or non-exempt?

UPDATED: Sep 11, 2011

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Is a salaried assistant manager considered to be exempt or non-exempt?

I work at a body shop franchise and am paid on salary ($450 per week). I recently went on a vacation for a week and when I came home the owner of the business said that I won’t be getting paid for that week. I am only 22 years old and this is my first salaried position so excuse my ignorance. I let the manager know over 2 months in advance about my planned vacation, and I had to remind him 3 separate times (1 being the day before I left). This company is not professional at all. My manager comes around 3 to 4 hours late every day and has never been docked pay.

Asked on September 11, 2011 under Employment Labor Law, Ohio


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The real issue appears to be whether or not you are entitled to vacation pay, not whether or not your are exempt.

The fact of the matter is that unless you have an employment contract, union agreement, or there exits a company policy guaranteeing you such pay, you have no right to it. That is unless you are being singled out for no pay due to some form of actionable discrimination. The fact of the matter is that, employees have not automatically entitled to vacation pay. It is a discretionary benefit that may or may not be provided by an employer. In an at will employment relationship, an employee can choose to work for an employer or not; in turn an employer can set the terms and conditions of employment much as it sees fit.

If exempt versus non-exempt affects your entitlement to vacation pay, then your status does make a difference. However a label of "manager" may not be enough in and of itself to establish your legal status as exempt. As a general rule an exempt employee: is paid a salary; primarily performs on-site office duties and/or non-manual work duties; does not participate in sales or production, hires and/or supervises others, and the like. If this does not describe your position with the company, then you are in all likelihood a non-exempt employee.

Note: If you are non-exempt then you are entitle to overtime pay for any hours over 40 that you work in a week.  

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 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.

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