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Can a salaried employee (assistant store manager) be

Can a salaried employee...

Can a salaried employee (assistant store manager) be required to work more than 40 hours a week, six days in a row without overtime pay

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Winco Foods, California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

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10/3/2017
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,549
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

If the employee is "salaried exempt," they can be required to work an unlimited number of hours for the same flat rate pay. In fact, this is the very essence of what it means to be a salaried exempt employee.

Managers are eligible for "salaried exemption," but only if they spend the majority of their time engaged in management activities and retain significant control when it comes to hiring, firing and other important management decisions. See here for more information about the requirements for exemption under the "managerial" (aka "executive") exemption from overtime.

If you don't believe you qualify for the managerial exemption from overtime due to the nature of your work, you can file a wage claim with the DLSE to recover compensation for all hours you worked before 8 per day or 40 per week. But if you do appear to qualify for the exemption, your employer is within their rights to only pay a flat rate salary, as this is what it means to be salaried exempt.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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