My close friend worked as a 1 man manager of a cellular store. He was paid salary and worked closed to 50 hours each and every week. Saturdays were mandatory. His salary plus commission totaled about 300.00 to 400.00 weekly. My question is since he was not in outside sales and was required to work over 40 hours should he have been paid overtime? :confused:
Thanks.

Not necessarily. If he was performing the duties of a manager he could well have been exempt, and exempt employees are not entitled by law to overtime.

But, in his position, per federal regulations, he would have had to have a guaranteed salary of at least $455/wk (not variable), which might be higher in Delaware. Otherwise, he could not be classified as exempt and therefore, he must be paid overtime.

Patty, that's why you're the payroll person and I'm the HR person. I read that as $300-$400 in commission IN ADDITION to salary. Guess I need another cup of coffee.