My wife is a 2nd assistant manager at a restaurant in Ohio and gets paid salary based on a 40 hour week. She typically works around 40-42 hours a week without overtime and has never complained. She came home from work tonight and informed me that the store manager is going on vacation next week and is requiring her to work 51 hours as well as spend 3 hours in a manager's meeting off the clock..

This totals out to 54 hours. When I asked her if she was going to be getting overtime pay or any type of compensation day or anything she said no and that "it is just expected" of her to put the hours in.

So now I'm wondering, is her boss allowed to make her stay 14 hours over in a week without pay?

(I read some other posts and don't really know the difference between exempt and non-exempt I'm sorry if this prevents you from being able to give an answer)

Oh and as a side note...

I noticed about 7 months ago her pay stubs stopped showing an ammount of hours worked per week. Prior to this they would always reed 40 hours (even if she worked 42 or 43) but now it is just completely blank..

Is this legal? I would think she as an employee should be given a pay stub depicting the amount of time spent working. Just seemed kinda fishy to me that they suddenly stopped posting how many hours was being worked.

My wife is a 2nd assistant manager at a restaurant in Ohio and gets paid salary based on a 40 hour week. She typically works around 40-42 hours a week without overtime and has never complained. She came home from work tonight and informed me that the store manager is going on vacation next week and is requiring her to work 51 hours as well as spend 3 hours in a manager's meeting off the clock..

This totals out to 54 hours. When I asked her if she was going to be getting overtime pay or any type of compensation day or anything she said no and that "it is just expected" of her to put the hours in.

So now I'm wondering, is her boss allowed to make her stay 14 hours over in a week without pay?

(I read some other posts and don't really know the difference between exempt and non-exempt I'm sorry if this prevents you from being able to give an answer)

*PLEASE NOTE THAT THIS IS NOT LEGAL ADVICE*

A non-exempt employee is one that is eligible for overtime after working 40 hours in a 7 day period (week). An "exempt" employee is one that is exempt from the law (the Fair Labor Standards Act or FLSA). In order to be exempt from the overtime law, the employee must meet the exemption requirements or test. THe most typical are the "white-collar" exemptions - executive, administrative or professional. If your wife's job meets one of these tests, then she is exempt, and her employer does not have to pay overtime for working more than 40 hours in 1 week.

Based upon the information that you described, it is possible that your wife's job meets the administrative exemption. The test for this exemption is located here: http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17c_administrative.pdf Its easy enough to run through.

If you do not believe that your wife is exempt and believe that she is entitled to overtime, contact the Department of Labor, Wage & Hour Division.1-866-4USWAGE.

Mr. Pink

Thanks alot for the information it helped alot. Ends up I was right. My wife is non-exempt and her boss was just trying to pull a fast one. After calling the General Manager for the franchise my wife works in and explaining the situation to him he got everything squared away and my wife is getting the overtime pay.

but my 2nd question still stands. Anyone know anything about them not putting her hours on her pay stub? her job requires that the salary managers don't "clock in" but on this same token this means that for the last year and a half or so my wife has been putting in anywhere from 1-5 hours a week of overtime, has never received overtime pay for any of it and has no records to show that she has worked them since they aren't printing her hours on her pay stubs.

Thanks alot for the information it helped alot. Ends up I was right. My wife is non-exempt and her boss was just trying to pull a fast one. After calling the General Manager for the franchise my wife works in and explaining the situation to him he got everything squared away and my wife is getting the overtime pay.

but my 2nd question still stands. Anyone know anything about them not putting her hours on her pay stub? her job requires that the salary managers don't "clock in" but on this same token this means that for the last year and a half or so my wife has been putting in anywhere from 1-5 hours a week of overtime, has never received overtime pay for any of it and has no records to show that she has worked them since they aren't printing her hours on her pay stubs.

*PLEASE NOTE THAT THIS IS NOT LEGAL ADVICE*

if your wife is non-exempt, then her employer is required to keep time records for her. if she is working overtime, employer is required to track those hours as well. if your wife contacts DOL Wage & Hour and the agency investigates, employer will be required to provide the time records. if employer did not keep any, Investigator will use your wife's records to establish hours that she worked, including overtime. Wage & Hour will look back 2 yrs (possibly 3). If employer has not been tracking time for her, she should contact DOL.

Mr. Pink

Agreed with the last answer. However, there is no federal paystub rule. According to my reference book, OH does not require that paystubs are issued at all, much less that hours worked be reported on the paystub. OH is one of the states with very little in the way of state labor law.

Agreed with the last answer. However, there is no federal paystub rule. According to my reference book, OH does not require that paystubs are issued at all, much less that hours worked be reported on the paystub. OH is one of the states with very little in the way of state labor law.

*PLEASE NOTE THAT THIS IS NOT LEGAL ADVICE*
Ohio voters passed a constituional amendment to the minimum wage in the State. As part of that Amendment, employers are required to keep payroll records each employer (w/some exceptions) is required to keep records showing name,address,occupation,pay rate,hours worked each day and amount paid for each employee. Employees have the right to access these records upon request to the employer. The law was changed to comply with this Constitutional Amendment. See ORC 4111.

Mr. Pink

Agreed, but are you saying this law mentions pay stubs?

I am pretty sure that my answer was 100% in regards to paystubs. That your answer while useful and informatiive does not seem to directly address anything I actually said. By "quoting" my answer you appear to be addressing my answer.

Agreed, but are you saying this law mentions pay stubs?

I am pretty sure that my answer was 100% in regards to paystubs. That your answer while useful and informatiive does not seem to directly address anything I actually said. By "quoting" my answer you appear to be addressing my answer.

*PLEASE NOTE THAT THIS IS NOT LEGAL ADVICE*

I took OP's original question to mean that he believes that his wife is getting shorted hours/overtime because they are not showing up on her pay stub. She is entitled to the payroll records to see if that is the case. I agree that what the pay stub says (or even if there is a paystub) does not matter that much.

Mr. Pink