I need help. I am an operations manager for an ice cream store, two of them actually, I am paid a salary. I have worked for these guys for little over 9 months and have put in over 2300 hrs. I scoop just like my workers and handle other tasks that they do. I do place orders and check day's reciepts, and make schedules, hire and fire, but I would say most of my job is scooping ice cream and working the line. Am i exempt by definition of my salary of 35k a year?

If most of your job is scooping ice cream, I wouldn't think so.

I can see both sides of the fence here. I can see your perspective that you may not be exempt. I can also see your employer's argument as to how you WOULD BE exempt.

If I had to make a determination, I would say that your "Primary Duty" is to manage, and you are therefore, exempt. Then again, my opinion is not really what matters........

Here is the link straight from the Department of Labor
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17b_executive.htm