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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12188
Experience:  Significant experience in all areas of employment law.
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Retail Store Manager, my company just "elimanited" by

Customer Question

Retail Store Manager, my company just "elimanited" by co-manager position. I am losing my assistant manager at the end of the month, so as of right now, I would be the only one to work open 9am til close 9pm 7 days a week. My Exec VP is just telling me to figure it out and reach out to other stores for help, but they are all telling me they can't help. I have 2 kids and a husband that I'm already not seeing b/c of 60/HR + work weeks, is there any legal limit as to how much a company can force you to work or is overtime acceptable in my line of work? I have no authority to fire or hire anyone on my own!
Rachael
Submitted: 8 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 8 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 8 months ago.

There is no limit to how much an employer can require an employee to work. The question is whether you are being appropriately compensated for your time. I assume that you are salaried "exempt" based on the managerial exemption from overtime. The problem with that is in order for the managerial exemption to apply, you typically must have substantial discretion when it comes to hiring and firing. You can read the full requirements for the exemption, which the DOL calls the "executive exemption," here.

If you are not properly classified as exempt, then your salary will be presumed to only compensate you for the first 40 hours you work each week, and everything on top of that must be paid as overtime.

If you believe you can argue that you are not exempt, you can raise this point to your employer (in writing, so there is documentation of the communication) in an effort to get them to reduce your hours so they aren't liable for overtime. It will be illegal for them to retaliate against you for raising this issue, and any retaliation that you can prove will give rise to its own claim for damages.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....