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Salary Pizza Place Manager Virginia

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  • Salary Pizza Place Manager Virginia

    Hi,

    My daughter works for a fast food pizza place in Eastern Virginia. She is what they call "general manager". Her weekly hours to work were 45 when she got the position at a base salary per week (no over time pay) now they have bumped them up to 55 hours per week with no pay increase.

    My questions is:

    Can they legally do the bump up on hours worked with out a salary increase?

    Can they not pay her overtime for the hours over 40?

    Her duties include everything from being a laborer to administrative. What are your thoughts on this.

  • #2
    As a GM, my gut tells me that your daughter would qualify as an exempt employee under the FLSA guidelines. This link provides a run down of what's considered as exempt under FLSA: http://www.dol.gov/esa/regs/complian...nistrative.htm. Your "primary" job duties matter (not your job title). She may qualify under the "executive" exemption. Don't let the title fool you. Many managers and supervisors qualify under this exemption.

    If properly classified as exempt, there are no circumstances your daughter would be eligible for overtime pay when it's worked. It would not matter if she worked 35 hours or 75 hours in a workweek, she should still retain her predefined salary. The owner MAY offer a salary increase but is not required to under law. The operative word is MAY.

    Comment


    • #3
      She also might qualify under the administrative exemption.
      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.

      Comment

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