I am a salaried employee, what are my rights to overtime?

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I am a salaried employee, what are my rights to overtime?

I work at a retail store selling items and loading/unloading trucks. I make approximately $875 per week looking at my W-2 from last year. I am the manager of the retail location and only had 1 individual under me. My “assistant manager” has now given notice and my company is expecting me to work all 7 days (8 hours per day) with no OT pay. Is this legal?

Asked on November 2, 2012 under Employment Labor Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not you are entitled to overtime pay or not regardless of the fact that you are salaried and are the "manager" depends upon whether or not you actually do managerial work per your state's labor code or not. If you do not do managerial work per your state's labor code you are entitled to overtime for all time worked over eight (8) hours per day or forty (40) hours per week.

I suggest that you consult with a labor law attorney or a representative with your local department of labor further about your matter.


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