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Jane T (LLC)
Jane T (LLC), Lawyer
Category: Employment Law
Satisfied Customers: 8435
Experience:  Worked with employment legal group in major national corp.
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My husband is a manager at a auto parts store. He is paid

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My husband is a manager at a auto parts store. He is paid salary. His check stub show 40 hrs. However he works over 60 hrs. each week. He clocks it and out, so his time should show over 60 hrs. Should he be geting overtime for the additional time. He works 6 days a week. He can not take off Monday - Saturday. He has no sick days. He does have vacation days.



Does you husband supervise other employees or make hiring/firing decisions?


What state is this in?



Customer: replied 8 years ago.
Yes, he does supervise other employees and he does make hiring/firing decisions. We are in North Carolina.



Although state and federal laws (the federal law is the Fair Labor Standards Act) require employees who are paid hourly to be paid overtime when they work over 40 hours in a week, that does not apply to employees who are paid on salary if those salaried employees are properly classified by their employer as being salaried. The U.S. Dept. of Labor has the following information, here, about when employees are properly labelled as salaried. Where an employee manages others, earns at least a certain minimum amount, and has the ability to make hiring and firing decisions that normally means they do not have to be paid overtime, as indicated in the link from the U.S. Dept. of Labor. Any questions regarding whether an employee is properly classified as hourly or salaried can be made to the U.S. Dept. of Labor, at the number in the link.







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