I am wondering if I am an exempt or non-exempt for over time pay. I am a manager of me at two resturants, what I mean by that is that I am the only employee. I almost always work 9 to 12 hours days, 7 days a week every week. I am paid a salary, do not get paid overtime and I don't make minimum wage with all the over time that I put in. It has been almost a year since I have been on this pay schedule. My employer also does not have me fill out time cards since I started on my salary so I have no way to prove all of my overtime if I am a non-exempt employee. Please help me figure out if I am or not or point me in a direction to go to get the answers. :confused:

Generally speaking, as a manager of two restaurants, you would be responsible for the total operations, profitability, etc. of the business and would therefore be exempt under the Executive classification. However, this classification also requires that you supervise at least two employees. What confuses me is how you can have two restaurants with no employees? Who's doing the work? :confused:

Yeah, I was wondering the same thing. If he's the ONLY employee at two restaurants, manager title or not, then the bulk of his work would be non-exempt (hosting, cooking, serving, washing dishes, cashiering, etc.) and therefore he'd be entitled to overtime.

Unless these are hot-dog stands, I don't get how the poster can possibly be the only employee though.

And if he IS the only employee at two restaurants, then while he's at one, who's minding the store at the other? Can only one of them be open at any given time?

This does not make sense.

Here is how this works, I open one resturant at 8:30 in the morning, I work until 2 in the afternoon. I cook, clean, wash dishes, all functions of running a small resturant, I do very little paperwork-our daily totals- for this resturant and only balance out the till and that paper work that goes with that for the other. At about 1:30 I clean up the one and open the other resturant there I cook, clean, check-out people at the register with purchases. I am the only employee other then the boss who lets me go home any where from 6:30 at night or later depending on what she is doing(most times it is later). I don't have any employees under me.. I do this on a daily baisis every day all day. I have never signed any papers on my salary and when I became a manager she said that I would have to work a minimum of 45 hours a week. I am paid 1500 a month or 375 a week. Also I have not filled out a single time card since I became a manager, she said that I did not have to when I became salary so I can't prove my overtime and neither can she.

It's doubtful that these businesses, even together, gross at least $500K per year. However, if the business is involved in interstate commerce, then you would be covered under the federal Fair Labor Standards Act. Interstate commerce can be as little as ordering supplies from an out-of-state vendor or accepting credit cards from out-of-state customers.

Under the FLSA, your weekly salary alone would preclude you from qualifying as an exempt employee. Exempt employees (with very limited exceptions which don't apply here) must make a guaranteed salary of at least $455/wk. Accordingly, if FLSA applies (which is not a given here) you must be paid overtime for all hours worked in excess of 40 in a workweek.

I checked Wisconsin law to see if you might be covered under the state overtime provisions. Under WI law, an employee need be paid a salary of only $750/month (which obviously, isn't even minimum wage for a full-time employee) and there are several exceptions, the most applicable one being Section (1)(a)(5) which states the following exception (underlining mine):

5. Who does not devote more than 20%, or in the case of an employee of a retail or service establishment who does not devote as much as 40%, of their hours of work in the workweek of activities which are not directly and closely related to the performance of the work described in subds. 1. through 4. provided, that this paragraph shall not apply in the case of an employee who is in sole charge of an independent establishment or a physically separated branch establishment, or who owns at least a 20% interest in the enterprise in which he is employed; and may likely apply to your situation.

Here is the link to that law: http://folio.legis.state.wi.us/cgi-bin/om_isapi.dll?clientID=72077986&hitsperheading=on&infobase=code.nfo&jump=DWD%20274.04&softpage=Document

So, unfortunately, unless you or the employer falls under the purview of the federal FLSA, you may be out of luck. You can contact the federal DOL at (866)4-USADOL or the state Dept. of Labor at 608-266-6860 in Madison or
414-227-4384 in Milwaukee.

Sorry I don't have better news for you, but give the folks above a call. I may be surprised.

I am located right on the interstate and deal with many people from different states on almost a daily bais so what you are saying is regardless of state laws I am exempt, am I understanding you right?