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bigdinok
07-21-2005, 09:28 AM
I am in the auto industry. I am paid purely off commission. I come to work at 08:30 and usually leave around 22:00 5 days a week. We were just assinged a new Genereal Manager and he insists that we do not get lunch breaks. Is there not a law that states if you work X amount of hours you are entitled to X amount of time of break?

cbg
07-21-2005, 11:08 AM
Not in your state. In Oklahoma, only minors under the age of 16 are guaranteed breaks under the law.

While I personally believe that any employee who works more than 6 hours (and depending on what work they are doing maybe even some who work less) should be granted a break, neither Federal law nor Oklahoma law agrees with me. If your GM does not want to offer his employees breaks, he does not have to.

bigdinok
07-21-2005, 12:33 PM
So I cannot have lunch breaks. That same law also states that if you have someone working over 40 hours a week you must compensate them 1.5 for time work regardless if you are a wage worker or not. Does this apply to retail sales as well?

cbg
07-21-2005, 12:56 PM
If a non-exempt employee works more than 40 hours a week, regardless of what industry they are in, they must be paid at time and a half for all hours over 40 in a week.

There IS a law that requires the payment of overtime. There is NOT a law that requires your employer to provide breaks.

bigdinok
07-21-2005, 05:28 PM
So who are the exempt ones, am I one of the unlucky ones? I am a Finance Manager at a Toyota dealership.

cbg
07-22-2005, 09:33 AM
I can't tell for certain by your job title - it's based on your job duties. But if you are a finance manager there's at least a reasonable chance that you are exempt.

You can look at the exemption requirements here:

http://www.dol.gov/esa/regs/compliance/whd/fairpay/fact_exemption.htm

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