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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 12216
Experience:  JD, MBA
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Essentially asking if a store manager of a small retail

Customer Question

Essentially asking if a store manager of a small retail business who works typically 60+hours a week, no lunch nor break is entitled to overtime from said company?
Submitted: 11 months ago.
Category: Employment Law
Expert:  TJ, Esq. replied 11 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

If the store manager is paid hourly, then yes, the store manager is entitled to overtime. But if the store manager is salaried with exempt status, then the store manager is not entitled to overtime.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Customer: replied 11 months ago.
Ok, to be classified as "Exempt" or "Non Exempt" you have to fall into one of 3 categories, correct? Under federal law I'm referring.
Expert:  TJ, Esq. replied 11 months ago.

I believe that you're thinking of the three tests:

To be exempt an employee must (a) be paid at least $23,600 per year ($455 per week), and (b) be paid on a salary basis, and also (c) perform exempt job duties.

But all three must be present, not just one. The third test is probably the one that needs to be most closely examined. A store manager's duties could fit the description of exempt duties:

  1. regularly supervises two or more other employees, and also
  2. has management as the primary duty of the position, and also,
  3. has some genuine input into the job status of other employees (such as hiring, firing, promotions, or assignments).

I hope that helps. Please let me know if you need further clarification, and please remember to provide positive feedback via the stars. Thank you.

Expert:  TJ, Esq. replied 11 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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