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Salary Pay Questions Retail Iowa

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  • Salary Pay Questions Retail Iowa

    I have several questions regarding a position I held and left due to hour requirements.

    I worked for a retail grocery store and was salaried at 45 hrs per week. My boss scheduled me 57-60 hours a week and wrote the schedule six months out. I was paid $40,000 and held a store asst position that probably fell under the executive duties requirement. I did not receive a commission and was not rewarded a bonus based on my work or department incomes.

    My first question would be if the position truly is exempt. I talked to someone at the department of Labor and they stated that my employer falls through a lot of loop holes and that my position is vague at best to determine exemption. I oversaw 15-20 employees (some who made more than I did). I could hire and fire. The departments I ran did approx 5 million a year in sales. (Our chain does around 5 Billion in sales a year)

    Secondly, how many hours can I be scheduled and can I be told six months out that I will be required to work 60+ hours a week? Some people in our company are forced to work 7 days a week. Where is the justice/legality in that? How many hours is too much, and can you b entitled to some kind of overtime pay after so many hours (i.e 70-80 hrs a week).

    Thirdly, I left almost 3 years ago. Is there a time restriction to filing a suit if I was wronged or need to be compensated for hours worked?

    These are just a few amongst many other issues with this employer.

    Thanks for your time.

  • #2
    Yes, it is possible that the position is truly exempt. If you have 15-20 employees reporting to you and you have the ability to hire and fire, it is, in fact, probable that it is truly exempt, at least based on what you have told us.

    Regardless of how your exempt status, you can be scheduled for as many or as few hours as the employer chooses/needs to schedule you. The maximum number of hours you can be required to work in a week is 168 (24 x 7). Yours is not one of the very few states that has maximum hours requirements.

    Your employer can write out the schedule as far ahead as he chooses as no law in any state addresses this issue.

    How many hours is too many is a matter of opinion and not of law. See above.

    If you truly are exempt, there are no circumstances whatsoever in which you are entitled under the law to any additional compensation over and above your regular salary.

    That is not to say that I think your employer is necessarily managing well. But nothing you have posted reflects any violations of law.
    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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    • #3
      Originally posted by rodrico View Post
      Is there a time restriction to filing a suit if I was wronged or need to be compensated for hours worked?
      Two years under FLSA unless the violation was willful, in which case the limit is three years. Like cbg, I think you were properly classified as an exempt employee and you don't have a case.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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      • #4
        thanks....

        Thank you for the quick replies....

        It is truly sad that this is the case. My former company truly takes advantage of it's salaried employees.

        One final question....to qualify as exempt under the executive ruling....don't you have to spend so many hours of your work week actually doing those tasks?

        Where I worked, in the 60 hour week, I probably spent less than 10-12 hours actually doing my executive functions. Most hours were spent doing floor work, organizing and displaying merchandise etc. Things that any part-timer could do. I was encouraged NOT to spend time in the office and if my paperwork piled up, I was asked to work MORE hours to complete them.

        There is a huge turnover amongst managers here and once long-time employees leave they cannot believe how bad they were mistreated. (I had almost 20 years). My boss, the actual store director, made 10X my salary and usually worked less hours. I have many friends still with the company and am asking questions mainly for their sake as I see many families/marriages suffering.

        Thanks for your time, I am definately happier now being my own boss.
        R

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        • #5
          Originally posted by rodrico View Post
          One final question....to qualify as exempt under the executive ruling....don't you have to spend so many hours of your work week actually doing those tasks?

          Where I worked, in the 60 hour week, I probably spent less than 10-12 hours actually doing my executive functions. Most hours were spent doing floor work, organizing and displaying merchandise etc. Things that any part-timer could do. I was encouraged NOT to spend time in the office and if my paperwork piled up, I was asked to work MORE hours to complete them.
          It's not the number of hours per se, but it's your "primary responsbilities" that determine your exempt status. Having said that, though, I would venture to say that, if the majority of your time was spent doing nonexempt duties as you describe, that would be enough to invalidate the exemption.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            And if you left three years ago, it's unlikely you can file a claim now even if you do have one.
            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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            • #7
              Ah, didn't catch that it was so long ago, cbg. OP, looks like you waited too long.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment

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