hey, so i'm a "manager" at a cafe/deli that also sells a bit of produce and groceries. we do have a license to sell beer and wine, but not serve or drink on the premise. basically we are the quintessential new england spa if you know what that means. many of us, myself not included, work well over 40 hours a week and no one receives overtime pay. there is a head manager, some floor managers, regular staff and chefs. i don't know if any of us are eligible for overtime and would like to figure that out. if it helps i would guess that well over 50% of the income is from the deli sandwiches, 20% from both the kitchen and cafe, with the rest being from the sale of alcohol and groceries.

any help??? i'm getting frustrated for all my hard working co-workers.

hey, check the link here, specifically for the Executive and Administrative exemption criteria:
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm

...and, Under MA law, overtime is not required for employees who work "in a restaurant" (c.151, sec.1A), so whether or not the business is a restaurant or other type of establishment will matter.

So, determining the type of duties as well as the scope will be important.

Keep in mind that the title store manager doesn't automatically make you exempt from overtime in MA. It's your actual duties that count.

In MA, in a case decided in 2000 (Goodrow v. Lane Bryant), a woman who worked as a "so-sales manager" at a retail store was not a "bona fide executive", even though she sometimes had full managerial responsibility of the store. In that case, she spent less than 50% of her time performing managerial duties, directed the duties of only one employee, had no authority over personnel decisions, didn't make significant business decisions and she was primarily occupied with day-to-day activities fo the store.

And, there are other decisions like it.

Bottom line: you may be entitled to overtime.