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Thread: Overtime/time and half for sunday in RI? Rhode Island

  1. #1
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    Angry Overtime/time and half for sunday in RI? Rhode Island

    My husband works for a food distributor-not retail- and is made to work some hours on Sundays with no extra pay or comp time. He works at least 40 hrs Mon thru Friday. Is this legal? He has been ordered to work this coming weekend(both Sat & Sun) -12 days in a row! He is salary. His check stub does not say"exempt" but I don't know if he is or not. Also are companies required to pay time and 1/2 for Sundays if it is not a retail business?
    Thanks
    Last edited by HotDog68; 05-01-2012 at 04:43 PM. Reason: privacy

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    What does he do? Not his job title, but what are his duties? In detail, please. (There is no requirement that his paystub identify exempt status.)
    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.

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    Quote Originally Posted by cbg View Post
    What does he do? Not his job title, but what are his duties? In detail, please. (There is no requirement that his paystub identify exempt status.)
    He is an account manager for customers placing orders and various other duties such as invoicing and accounts payable, data entry - a little bit of everything.
    He is not a supervisor of anyone.

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    It is not mandatory that he supervise other employees. Only the executive exemption requires supervision as a pre-requisite for exempt status.

    You've really not given enough detail about his job duties to form any kind of informed opinion as to his exempt status. What would a normal day include? What would he spend his eight hours doing?
    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.

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    Answering telephones to receive orders, receiving orders from emails, entering these orders into computer, trying to obtain product from alternate vendors if necessary to complete orders, give orders to warehouse, input orders that were picked by warehouse so that they may be invoiced, sending out checks to pay accounts, Filing, liason between company and clients to deal with returns, credits, substitutions, shipping issues, delivery times. Take cash from walk- in customers-this is a wholesale business and enter the transaction from a handwritten slip into the computer system.

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    Based on what you've shared and while it's a bit borderline, it appears to me his position qualifies for exempt status.

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    We are talking about a possible Administrative exception classification and I would have called this non-exempt. Which is why this classification is one of the more contentious classifications.

    http://www.dol.gov/whd/regs/complian...nistrative.pdf
    http://www.dol.gov/WHD/opinion/admin...SAAI2010_1.pdf

    A further problem is that while most states (in theory) use the federal FLSA classification rules as is, everyone seems to call "balls and strikes" a little differently. So the feds wrote the rules but state DOL generally gets to make the decision. And different states often come up with very different answers.
    Last edited by DAW; 05-02-2012 at 10:33 AM.
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    Quote Originally Posted by HotDog68 View Post
    My husband works for a food distributor-not retail- and is made to work some hours on Sundays with no extra pay or comp time. He works at least 40 hrs Mon thru Friday. Is this legal? He has been ordered to work this coming weekend(both Sat & Sun) -12 days in a row! He is salary. His check stub does not say"exempt" but I don't know if he is or not. Also are companies required to pay time and 1/2 for Sundays if it is not a retail business?
    Thanks
    R.I.
    I work for a Manufacturer on Sundays, how should I be paid? Exemptions?

    Hourly-paid employees must receive time and one half the normal hourly rate of pay.

    Exceptions include employees working in agriculture or maritime trades, physicians, dentist, attorney or accounts, health care or maintenance (hospitals, nursing homes, etc), restaurants, hotels, motels, summer camps, resorts or other recreational facility (except health clubs), salaried employees in a bona fide executive, professional or administrative capacity, telephonic delivery of customer service, sales operations and ancillary services related thereto except for employment in the telecommunications industry which are part of any collective bargaining agreement or employment contract.

    Employees cannot be discharged or penalized for refusing to work on any Sunday or holiday, unless they are employed by a manufacturer which operates for seven (7) continuous days per week.
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