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TeamPlayer?
09-26-2005, 11:37 AM
Hello,
I'd really appreciate any light you can throw on my situation. I'm the retail manager at a landscaping nursery in TN. I started the job in May. I took the job with an agreement (although unwritten) to work a 40-hour week (T-Sat), over-lapping with another lady who would be here to work the hours I was not here. (The store is open 60 hours/week.)

Strangely enough, the other lady was let go my 4th day on the job. They asked if I could temporarily (as in, a week or two) work all 60 hours while they looked for another person to hire. I said yes. Then the general manager resigned and they hired a new GM. They asked if I could wait until August since it was a really slow time of year and the nursery is new (although the company is not). I said ok. Well, at the end of August, they did hire someone, but they have him doing other things and I get no relief person. They've told me since July that they can do nothing about compensating me for my now 60-hour mandatory schedule until January when they do evaluations. My GM gets mad if I even mention having two days off anytime soon. He says I have nothing in writing about my agreement and I'll have to wait for January, although I have a feeling nothing will be done then either. There is nothing in writing, and yet my paycheck lists me as salary based on 80 hours every two weeks.

I'd really like either my other day off or to be compensated for my mandatory overtime. Is there anything I can do about this other than to wait or go find another job?

Beth3
09-26-2005, 11:45 AM
The key question here is whether your position qualifies for exempt status under the Fair Labor Standards Act. If it does, then there are no circumstances in which they have to pay you overtime.

I expect the next thing you're going to ask is how to tell if your job is exempt. This should help: http://www.ahipubs.com/cgi-research/show_item.pl?TopicID=6&SubTopicID=56

TeamPlayer?
09-26-2005, 11:59 AM
Thanks for the reply. According to that link I am exempt.


So this means I have to take what is basically a $5/hour cut in pay and can't do anything about it?


I figured I wouldn't qualify for time-and-a-half overtime, but since they have changed my weekly schedule to 60 hours from 40 hours, I should get some type of compensation for the increase in time I'm working, because they've only been paying me for 40 hours/week. Is that not true at all?

cbg
09-26-2005, 12:43 PM
No, it is not true.

As an exempt employee, there are no circumstances whatsoever in which you are entitled by law to a single penny over and above your regular salary. If your employer chooses to provide additional compensation, that's fine. But legally you have no expectation of it.

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