I want to know if you have a salaried position and the company states in the job description you are required to work up to 45 hours, and our paycheck
states we are paid for 40 hours, and they are making us work 55 to 65 hours
in southcarolina,is their a law that can stop them,if we call our company
human resources all they do is call and tell the person you report and then
they retaliate .
LConnell
08-08-2004, 07:52 PM
Do you know if you are an "exempt" employee, such as a manager, a professional, etc.? If so, you are paid for the responsibility, rather than for your hours. Therefore, you would not have a claim for extra pay.
However, if you are primarily doing work that is considered as "manual", such as clerical, retail service, food service, etc., you may be non-exempt and, therefore, are eligible for overtime for hours worked over 40.
Let me know if you have additional questions. Thanks.
dtsb103
08-08-2004, 08:52 PM
I am a assistant mgr in a retail store, I want to know if they can make me work the extra hours without pay,I want to have my 2 days off a week,right
now they are cutting back payroll for hourly employees they say due to low
sales ,full time employees even being cut back to 32 hours,and we are still
receiving the same amount of freight and we were told by our mgr that with them cutting back on payroll we have to work extra to get the work done ,
we already work 6 days a week or 7 during november and december, and work
all holidays except christmas and receive nothing for holiday pay,also the furniture depts in our stores have a mgr they used to be salary and work
like us. at the 1st of the year they changed them to hourly and now they
have less responsibility than a assistant mgr and get paid more, they took their salaried wage and used it to figure there hourly compensation and now
their not supposed to get over time, and they get paid holidays.I am a assistant mgr but I do the same work as the hrly employees unload trucks
and put out stock.more physical work than managerial
LConnell
08-08-2004, 09:18 PM
Federal law requires that a retail manager work no more than 40% of his/her time performing non-management functions. For example, if you spend 50% or more of your time doing functions such as waiting on customers, restocking shelves, doing inventory, etc., you may not be considered as exempt. The majority of your time should be doing things such as supervising at least two persons doing the retail work (such as when you are the senior manager in the store) or doing things that require managerial discretion, such as resolving higher level customer complaints, etc.
If you feel that you are spending the majority of your time doing manual work, then you may be owed overtime. You may wish to the talk with your local wage and hour division. It can be found in your local telephone directory under the "United States Government" section, under the "Labor Department" listing.
Good luck to you.
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