[B]I work for a large retailer in a South Carolina store. My question concerns over time pay for a salaried job position, "assistant managers". With all of the recent downsizing in the stores, the assistant manager's duties include covering hourly job duties such as cart pushing, cashiering, stocking shelves, unloading trucks, as well as mopping, sweeping, cleaning restrooms--this is besides covering their own job duties in the store. The job description represents the job as a salaried position for aprox 50 hours a week, however, at this paticular store, their hours this past week were 63 scheduled hours and is never under the 50 hours as represented. There is no overtime pay for this. Also, hourly associates are required to clock out and take a lunch before the sixth hour of work or be repremanded--we are told this is required by law, however, the salaried members of management sometimes work a 12+ hour shift without taking a lunch. (They do not clock in and out as salaried associates, so there is no evedence of this.) My question is what is the law concerning o/t pay in SC and how would it be applied in this instance? Also, does the lunch requirement by the sixth hour of work "law" apply to salary positions as well? There are many changes happening in the stores right now leaving many associates feeling cheated and intimidated and I don't know where else to go to get answers to these questions. I appreciate any input you may offer. Thanks!

[B]I work for a large retailer in a South Carolina store. My question concerns over time pay for a salaried job position, "assistant managers". With all of the recent downsizing in the stores, the assistant manager's duties include covering hourly job duties such as cart pushing, cashiering, stocking shelves, unloading trucks, as well as mopping, sweeping, cleaning restrooms--this is besides covering their own job duties in the store. The job description represents the job as a salaried position for aprox 50 hours a week, however, at this paticular store, their hours this past week were 63 scheduled hours and is never under the 50 hours as represented. There is no overtime pay for this. Also, hourly associates are required to clock out and take a lunch before the sixth hour of work or be repremanded--we are told this is required by law, however, the salaried members of management sometimes work a 12+ hour shift without taking a lunch. (They do not clock in and out as salaried associates, so there is no evedence of this.) My question is what is the law concerning o/t pay in SC and how would it be applied in this instance? Also, does the lunch requirement by the sixth hour of work "law" apply to salary positions as well? There are many changes happening in the stores right now leaving many associates feeling cheated and intimidated and I don't know where else to go to get answers to these questions. I appreciate any input you may offer. Thanks!
I couldn't find anywhere where it states that South Carolina even has legally mandated lunches and breaks,so I don't know where your boss came up with the non salaried workers having to legally take thier breaks in the 6th hour. I know in Oregon,if you work an 8 hour shift,you must take your lunch between the 3rd and the 6th hour,but that is Oregon. So,I'm trying to say that there is no law that I can find that tells your employer that they have to give you a break or lunch at all. It may be different in your state,but my understanding of a salaried employee,exspecially a supervisor,can be expected to cover an employee that is not there,on top of thier own duties. My supervisor,has on many occasions,had to work trayline,and dishroom,and many other assorted positions,when someone called in sick,and still had to completer her duties as well,and she has told me,she does not get paid any overtime because she is on salary. Sorry!!!

Thank you for your input. The laws are vague and sometimes difficult to sort through so I found this site quite helpful.
I understand that management may have to cover positions at time but this company is the largest retailer in the US and is in the process of restructuring in all areas. It seems everyone is expected to work in other areas of the store plus cover their own instead of hiring people to fill those positions. The long time employees feel they are being driven out of their job and noone is being hired to cover their area when they quit. This company can fully afford to hire others to fill the empty job positions but instead choose to have the salaried members of management work rediculously long shifts and receive no extra compensation for their work. The direction comes from the home office that assistant managers work 50 hours per week but the store manager choses to increase it to the 63+ hours per week.
I am sure that there are salaried positions of management in smaller retail stores that must be paid o/t pay when they work it because a friend experienced this at her place of business. I just didn't understand what the legal guidelines were to determine who received it.
Also, concerning the meals, our home office is in Bentonville, Arkansas--could the laws of that state have anything to do with our "meal before the sixth work hour" where I work in SC?
I am frustrated that a company as big and rich as this one is allowed to take advantage of their employees and there is no repercussions for them! Again, I appreciate your input! Thanks!

Nope, Arkansas law is irrelevant, although the employer can set the hours of work as long as the state law in which the employee works prohibits such scheduling.

Now, having said that, it's possible, depending upon how much nonexempt work these assistant managers are now required to perform, that even if the position qualified as exempt previously, it doesn't now. There used to be a provision that anything under 20% of the time spent on nonexempt duties (on a regular basis, not in a bona fide emergency, such as a flood or fire) would not invalidate the exempt status. With the revisions of the FLSA in August, 2004, the law is now just a "majority" of the time spent in nonexempt duties would be all that is required to invalidate the exemption.

Since there are a number of people involved here, it appears, a call to the federal Dept. of Labor might be in order. At least to get started.

Just one more question....can you explain non-exempt job duties? Your reply was very helpful but I am not clear on what exempt and non-exempt includes.Thanks for your assistance!

Pattymd is referring to the ability of employers to exempt employees from overtime pay. (Exempt= Bad, Nonexempt=Good) Your situation has what is called "Concurrent Duties" where part of your day consists of management duties (Exempt) and Other miscellaneous tasks (nonexempt). If you, as a member of management, are paid a salary of no less than $455/ week and your primary duties are that of management and you customarily and regularly direct the work of others and you have the authority to hire and fire employees, then the concurrent work that would normally be nonexempt (Mopping, pushing carts, etc.) would make your position exempt, or disqualify you from overtime pay. If you don't do any of the above-mentioned tasks, then you could very well be entitled to some overtime pay. Much of this depends on your State's rules.

I understand now. Thank you all for your input and detailed explanations. You have been very helpful!

Thank you for your input. The laws are vague and sometimes difficult to sort through so I found this site quite helpful.
I understand that management may have to cover positions at time but this company is the largest retailer in the US and is in the process of restructuring in all areas. It seems everyone is expected to work in other areas of the store plus cover their own instead of hiring people to fill those positions. The long time employees feel they are being driven out of their job and noone is being hired to cover their area when they quit. This company can fully afford to hire others to fill the empty job positions but instead choose to have the salaried members of management work rediculously long shifts and receive no extra compensation for their work. The direction comes from the home office that assistant managers work 50 hours per week but the store manager choses to increase it to the 63+ hours per week.
I am sure that there are salaried positions of management in smaller retail stores that must be paid o/t pay when they work it because a friend experienced this at her place of business. I just didn't understand what the legal guidelines were to determine who received it.
Also, concerning the meals, our home office is in Bentonville, Arkansas--could the laws of that state have anything to do with our "meal before the sixth work hour" where I work in SC?
I am frustrated that a company as big and rich as this one is allowed to take advantage of their employees and there is no repercussions for them! Again, I appreciate your input! Thanks!
If the home office is requiring you to work 50 hours per week,and the store manager is choosing to increase it to 63 hours,I would give a call to the home office,and see if this is what they want (50 or 63) and see if it is up to the discretion of the store manager,or if the store manager has the authority to override the home offices decisions in this matter. Please,no matter what follow what PattyMD had instructed you to do also!! Good luck to you and keep us posted please!