If I am a salaried retail store manager who works at least 50 hours a week but company is showing my average hours at 42, is this legal?

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If I am a salaried retail store manager who works at least 50 hours a week but company is showing my average hours at 42, is this legal?

I also have a salaried assistant manager who works less hours then me,but his average hours is showing at 44. Is this legal?

Asked on September 27, 2011 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are a salaried employee, then the hours you work don't matter UNLESS you are eligible for overtime; then the amount of hours over 40 matters. Otherwise, salaried employees who are exempt from overtime are paid their salary no matter how many hours they work in a week. For salaried exempt employees, therefore, it doesn't matter how many hours are recorded, or whether hours are tracked at all.

It is possible to be salaried and also be eligible for overtime. The test for when you can receive overtime is based on the nature of your job responsibilities, not what you are called or how you are paid. You can find the tests at the Dept. of Labor  (DOL) website; in brief, to be an exempt "executive" (or manager) you need a certain amount of authority and need to manage at least two people. If you not exempt from overtime, then for each hour past 40 your work in a week, you are due additional pay.


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