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PA Salary and hours worked Pennsylvania

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  • PA Salary and hours worked Pennsylvania

    My friend is an assistant manager at a coffee shop, in training to hopefully take over the business in a year or so. He was put on "salary" at about $390 a week, working about 40 hours a week, mostly mornings. Recently, the owner decided that my friend should work more hours (and 7 days a week) to help cut payroll. Also, he must return each night to check how the closers did (some nights help to close) and finalize the day's books. He is not paid any overtime, nor does he punch in when he goes back later. Something just does not feel right about it. Is he not being compensated properly? Thank you for your help.

  • #2
    It is impossible to say if his job duties actually qualifies him to be an exempt employee, although if he is only an assistant manager he probably does not. However, the minimum floor under Federal law to be exempt is $455 - meaning that at a $390 a week salary, he is non-exempt by default. As a non-exempt employee, he MUST be paid overtime if he works over 40 hours in a week, though he is not due any pay for any time he does not work. He can file a claim with the PA DLI if the employer refuses to see reason.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.