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exempt: retail!! Texas

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  • exempt: retail!! Texas

    thanks in advanced for reading this...its gonna be long! its a two part question, so bear with me.

    * ok. i have worked for the same large retail company for the past five years. i am the retail manager of a location here in texas. i was promoted to management 4 years ago being "salary and exempt". we do not get commission.
    * my salary is $44900 annually; paid to me bi-weekly (paid on the 1st and the 15th)/ $1872 each pay period based on 80 hours.
    * in the beginning of april, i decided i wanted to spend more time at home, so i took an hourly management, non exempt position, at another location with the same company. i was to begin my new hourly position around may 1st...i was not given an exact date. because my original location still needed a manager to replace me, i have continued to work at both locations until today.
    * my last check for the 16-30th was in the amount of $1377. i was told it was less because my hourly pay went into effect and i was paid my salary up until the 28th and my hourly began on the 29th.
    * for the pay period of the 16th- 30th i worked the following hours in between my exempt location and my non-exempt location.
    i'll put it in weekly increments:
    13-19th: on vacation (we are given paid vacations at our regular salary)
    20-26th: worked five full days
    sun. 27th-off
    mon. 28th-10 hours
    tues . 29th-10 hours
    wed.30th-10 hours
    thurs. 1- off
    fri.- 6 hours
    sat.- 9 hours.

    *shouldn't i have been paid my full salary? my check only reflects 7.3 days based on my average day/ and hourly. where does 7.3 days come out of the 16-28?? wouldn't that still reflect 80 hours?
    * how can i be both exempt and non-exempt in the same week/pay period??? my check for the 1-15th still paid me for my vacation, so i know that wasn't deducted.

    and for part two. i'll try to keep this short:
    *does my former exempt position really qualify for exempt? here is where i get confused. (the retail part makes it tricky)
    1. i do indeed manage two or more full time people. (check)
    2. i do have several administrative duties
    (interviewing, payroll, scheduling, report sending, inventory, lots and lots of other executive office type stuff, ....tons actually). (yep, qualify there, too...)

    3. i am only allotted 8 hours of my 40 hour (hired at), work week for my office duties. The other 30 are to be spent on the floor achieving my own personal productivity sales goal given to me. They are determined by a sales per hour average and the based on 30 hours of selling time. i am also required to work a certain amount of hours per day as well as mandatory fridays and saturdays. and of course, its retail, so 40 hours only happens on vacation time (hmmm...)

    Last edited by overworkedintx; 05-07-2008, 10:45 PM. Reason: none

  • #2
    Texas requires prior notification of a pay decrease BEFORE you work the hours at the lower rate. If you were not notified that you would be changed to hourly in advance, you are owed EITHER your full weekly salary. Alternatively (and this might be a better deal for you) you would be owed overtime pay.

    Managers of retail establishments CAN qualify for exempt status. I understand you also did administrative duties, but your primary duty was the effective management of the business.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      i knew i would be going hourly at a lower rate, that was my decision. i was told, however, that it would be effective on the 1st.

      would my position still qualify for executive exempt, even if i was supposed to be on the sales floor, selling, for 30 hours a week? i did still have to manage the counter.....
      Last edited by overworkedintx; 05-08-2008, 07:35 AM.


      • #4
        The following is a pointer to the actual federal rules on the Executive exception. You need to read those rules. Any claim that you are not Exempt must be made in the context of the exact wording of these rules.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)


        • #5

          hello, dont mean to pry, but is this company (deleted), if so i can help you with your issue. i worked for their corporate office and know everything they do on the back end to save money.
          Last edited by cbg; 11-06-2008, 09:13 AM.


          • #6
            Sorry, no company names permitted on the forum.
            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.