If my fiance is a manager of a retail store, what are his rights to overtime pay and a raise?

UPDATED: Sep 29, 2022

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If my fiance is a manager of a retail store, what are his rights to overtime pay and a raise?

He is on salary pay. When he has to fire an employee, he ends up working close to 80 hours per week until he hires a new employee and gets them properly trained. My fiance has not had a raise in years and he earns no extra income for working over 40 hours. Is this legal? If not, what can he do about it?

Asked on September 2, 2015 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It is perfectly legal to not give an employee a raise employers never have to give employees wage, and legally, an employee could work at the same pay for 50 or more years. Of course, most employees would have left at some point if they never received a raise.
Furthermore, if someone is an exempt from overtime employee, they do not need to receive any additional pay for working more than 40 hours in a week. A salaried manager who supervises other employees would most likely meet the test to be considered exempt if you want to double check, you can find the tests to be exempt from overtime on the U.S. Dept. of Labor website you can compare them to your fiance's job and responsibilities. Therefore, it is most likely the case that they do not have to pay him more for working more than 40 hours.
Your finance is likely working for a bad company--greedy, or poorly run, or not doing well enough to give raises. But based on what you write, what they are doing, while unfair, is most likely legal.

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