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Question about what counts as "work" when salaried

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  • Question about what counts as "work" when salaried

    Hello,

    So my situation is that I am a salaried manager for a retail store in the state of Oregon. It's expected that I work 44 hrs after breaks in order to be compliant.

    Next week I am expected to travel 4 hour away to a mandatory meeting. I'm ok with this as 8 of the hours are concidered work towards my 44 and the travel time can be expensed.

    My issue is that I am also to receive my annual performance review the day before and am being asked to drive in the day previous. This would mean 4 hours of travel on what should be one of my days off and include at least 2 hours of what I would consider to be "work" when I'm sitting down with my supervisor receiving me review. I'm a somewhat recent transplant from CA so I'm used to labor laws there more then in Oregon.. I'm not even used to this whole "salaried" business to begin with (my company operates in CA as well but with hourly managers)

    Any help would be appreciated. I'll answer an follow up I can. Thanks

  • #2
    Are you also exempt? "Salaried" is merely a pay method and does not automatically equal exempt.

    Are you getting overtime pay now? If you leave early one day for, for example, a doctor's appointment, is your salary docked?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I believe I am exempt. I receive no overtime. I can do 44 hours or 60 and be paid the same. I accrue sick and vacation time to use when I need to not be there and my store receives the appropriate payroll hours to run things in my absence.
      Last edited by Mimalito; 04-16-2011, 01:29 PM.

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      • #4
        If you are salaried exempt, you "work" whenever your employer tells you to & you
        get your regular fixed weekly salary no matter how many hours you "work."
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Thanks for the responses,

          So as far as you know from my provided information I am expected to work any amount of hours I'm asked to no mater how many over 44 and no matter if I am made to work 6 or even 7 days during the week?

          Also as a separate note "exempt" is only supposed to be if more then 50% of the time I'm engaged in managerial tasks away from the sales floor right? I realize it might be more complicated then that but I'd love a link to some resources. In fact my companies CA managers are hourly because of a class action pertaining to the misclassification of "exempt" managers. I'm starting to feel it's not worth it.

          Comment


          • #6
            The "50% rule" was done away with when the FLSA was updated in 2004. Now, it's just "primary responsbility".
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            • #7
              FYI, California has different state laws defining exempt employees. So it is quite possible for employees to qualify as exempt in 49 states but not in CA.
              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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              • #8
                However, California is also "primary responsibility".
                http://www.dir.ca.gov/IWC/IWCArticle4.pdf
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  True. But an employee who earned, say, $625 weekly, would qualify as exempt under Federal law but not under CA, even if the primary duty rule was met.

                  Somehow I have a suspicion that this may be why the CA employees are treated differently.
                  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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                  • #10
                    Agreed with the other answers. Past that.
                    - Generally speaking, pretty much any employer can make pretty much any employee work pretty much any hours the employer wants. That is not what Exempt means. All Exempt does is to help determine how the employee is paid. It says nothing about how many hours the employee can be made to work (under federal or OR law anyhow).
                    - There are something like 100 or so different Exempt classifications. You said "manager" and you implied that you sell things. We still have not yet determined whether or not you are legally Exempt, and if so under which specific classification. I am including a pointer to the so-called White Collar exceptions. Take a hard look at the Executive and Administrative exceptions.
                    http://www.dol.gov/whd/regs/compliance/fairpay/main.htm
                    - And do not assume that what is true in CA bears much relation to the other states.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

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                    • #11
                      "- And do not assume that what is true in CA bears much relation to the other states. "

                      Indeed.. I have said multiple time to my supervisor.. "in California..." I'm then usually cutoff and reminded the company is "a whole different company" in CA. I used to work for the same company in CA and was a class action participant of the aforementioned case. It's what had the company switching to hourly managers.

                      I am in fact a manager of a retail store. I'll take a look at the provide link. Beyond that I guess I'm not entirely sure if I'm exempt or not.

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                      • #12
                        Of course, you're in Oregon, so CA law is off the table.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                        • #13
                          Upon checking out the link it would seem like I am exempt. From everything I'm hearing it would seem that I just have to do whatever my employer wants hours wise as I'm being paid to do so. I feel I have a better understand and I thank you guys for your insight.

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                          • #14
                            From what I've heard, 50-60 hours a week is common for management for retail; nature of the beast, it appears.
                            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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