Am I due overtime pay as a store manager?

I am a manager of a retail store. I have 1 employee under me and still do all the same work as my 1 employee. I used to work 40 hours per week but when I was made the manager the hours increased to from 47 too 52 hours. I was given a pay increase when I took the manager position. I don’t do any of the paperwork end of the business. The owner handles all the financial things so basically I am doing the same job as I was before the so-called promotion. My question is am I entitled to overtime for those hours over 40 hours in a week? I have been the manager for 5 years now.

Asked on May 25, 2016 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no hard and fast rule: some managers are exempt from overtime, due to their salary (only salaried employees may be exempt; if you are paid on an hourly basis, you must get overtime), duties, and level of responsibility; other managers still get overtime.
Go to the U.S. Department of Labor (DOL) website and look under overtime; you will see several tests for whether an employee is exempt from overtime. The most applicable for you would be the "executive" test, which really should be called the "managerial" test, since it applies to non-executive managers as well. Compare its requirements to your job and pay; if you meet those requirements, you are exempt (no overtime), but if you don't, you must be paid overtime. If you are due overtime and not paid it, contact the federal or state department of labor to file an overtime complaint; you can potentially be awarded the back overtime you should have received, but did not.


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