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  1. #1
    Join Date
    Jun 2008
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    Default Salaried Manager Working Hourly Shifts

    My question involves employment and labor law for the state of: Texas

    I am a salaried manager in a restaurant. In order to keep labor costs low, my boss requires that we have no hourly employees on the clock during the middle of the afternoon as we are fairly slow. This means that myself and the other managers have to work these hourly positions for several hours EVERY day. However, we do not receive the hourly wages for those hours worked. Is this legal?

  2. #2
    Join Date
    Jan 2006
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    27,078

    Default Re: Salaried Manager Working Hourly Shifts

    you get your salary don;t you?

    how are you expecting them to pay you? Your full salary and then add what the hourly position pays on top of that?

  3. #3
    Join Date
    Jun 2008
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    Default Re: Salaried Manager Working Hourly Shifts

    I've been told by many people that it is illegal to have a salaried employee work an hourly shift and not get paid for that shift. I was just trying to find out if that was true or not.

  4. #4
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    Jan 2006
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    Default Re: Salaried Manager Working Hourly Shifts

    so, are you going to reliquish your salary for that percentage of time you are performing the hourly work?

    There is not legal job description requirement. Your job, as manager, is to do anything your boss tell you to. The scope of your job is a great as the boss makes it so you ar not performing some other persons job, you are doing your job.

    answer me this; what makes this "hourly shift" not part of your duties as a manager? Define "hourly shift"?

  5. #5
    Join Date
    Apr 2007
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    Il.(near StL,Mo.)
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    Default Re: Salaried Manager Working Hourly Shifts

    A salaried exempt employee gets paid a fixed weekly salary no matter how many hrs. they work - they get paid for getting the job done. They can also be required to perform some "hourly non-exempt" duties as part of their job if the employer tells them to. You're still getting paid. You can't be paid twice - your regular fixed salary + an additional hourly salary.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  6. #6
    Join Date
    Aug 2007
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    Default Re: Salaried Manager Working Hourly Shifts

    Quote Quoting jcstring
    View Post
    I've been told by many people that it is illegal to have a salaried employee work an hourly shift and not get paid for that shift. I was just trying to find out if that was true or not.
    I have never heard of "switching" from salary to hourly during a scheduled day?? This sounds tricky?? You either retain one classification or another?

    Even a salaried employee MUST make at least the federal minimum wage, meaning if you work 100 hours that week, salary or not, it MUST break down to at least the federal minimum.

    Example, you make 400.00/wk as a salaried employee.

    Broken down to 40 hours it is well above 5.85/hr. If you were forced to work 80 hours that week, that is only 5.00/hr and salaried or not, I believe that is illegal??

    If you are making the federal minimum, or my example may even apply to your state minimum, and the switching looses pay for you, and is a gain for the employer, as long as you make the minimum, it is probably legal, but the employer does not sound too fair, at all??

    Although an employment relationship is basically a contract, you work, they pay, and they agreed to contract with you as a salaried person, whether that would be grounds for a breach, I don't know. An employment attorney needs to be consulted if you have a concern.

  7. #7

    Default Re: Salaried Manager Working Hourly Shifts

    Yes, As long as they are paying you the minimum for an exempt position ($455/week federal, some states a bit higher), they can ask you to work any number of hours and perform just about any duties. There is no "minimum wage" beyond that for an exempt employee.

    Yes, they can require an exempt employee to work an hourly position. The exemption does however have a "primary duties" test. Please let us know what % of your time that you spend on hourly duties (assuming a few hours a day which is much different than most hours per day).

    An employer can not switch an employee back and forth between exempt (salaried) and non-exempt (hourly) each day or on any whim. That would pretty much destroy any exemption that exists. What an employer can do is to pay some type of bonus out for those extra hours should they wish to do so on top of the weekly salary, but there is no requirement to do so.

  8. #8
    Join Date
    Apr 2007
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    Il.(near StL,Mo.)
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    Default Re: Salaried Manager Working Hourly Shifts

    All the FLSA regs say is that your "primary duty" must meet the criteria for exempt status & you must be paid a min. of $455.00 a week. (Ca. requires higher min.)

    Now, if you are spending more than 50% of your time on a regular basis doing nonexempt work, that may invalidate the exemption. If you are properly classified as exempt & your primary duties are exempt, then you can be required to work any # of hrs. your employer requires you to (including some "hourly" non-exempt work) for no add'l. salary over your fixed weekly salary.

    http://www.dol.gov/esa/regs/complian...a_overview.pdf
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

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