FL - I am a salaried employee with a base salary of $960 every two weeks but I am required to work overtime on a regular basis. I was told it would be 48 hours a week but lately it has been up to 60 hours a week. As compensation for working overtime, I am paid approximately $5.00 hr for each hour over 90 hours. I assume this is because I am considered to be an exempt employee.

However, I am required to do manual labor! and from what I can tell, I do not qualify as exempt under Section 13(a)(l) of the FLSA because I do manual labor. They have had me building shelves for the past two weeks and now I am expected to stock those shelves and keep them stocked. I do not have the power to hire or fire anyone and the only managerial duty I perform is in ordering new stock which only takes about 10% of my time. I work in retail and my title is 'Specialist' but I do not recieve commision for any sales I might do during the day while I am helping customers with their selections.

Question: Am I exempt from the minimum wage and overtime laws JUST because I am salaried, or do I need to qualify for exempt under Section 13 as well? :)

An employer cannot make you exempt simply by making you salaried. Your job duties must qualify under the FLSA as well.

Note that there is nothing illegal about paying a non-exempt employee on a salaried basis as long as they also receive overtime when it is worked.