If I am a manager but make an hourly wage instead of a salary, am I entitled to overtime?

UPDATED: Mar 1, 2012

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If I am a manager but make an hourly wage instead of a salary, am I entitled to overtime?

I am a manager at a chain of cigar stores. I do not have much clout as a manager (Iam not responsible for Hiring, firing, discipline, scheduling).I worked overtime twice now with no compensation. My employer claims that because I am management I do not get overtime.

Asked on March 1, 2012 under Employment Labor Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you write, your employer appears to be wrong--it seems that you should be paid overtime:

1) First, all hourly employees are entitled  to overtime, except certain retail sales employees who are compensated in large part by commissions. To be exempt from overtime otherwise, you must be paid on a salary basis.

2) Second, even if paid on a salary basis, and  even if called a "manager," your job must meet the requirements of the "executive" exemption for you to be exempt from overtime. In brief, you need to have, if not the final say in hiring and hiring, at least substantial input into it, as well as real managerial authority over a location or deptarment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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