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  1. #1
    Join Date
    Aug 2010
    Posts
    4

    Default Retail Department Manager Overtime Pay

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

    I work at a retail store in the state of Georgia; the company is based out of pennylvania. I am being considered for a promotion to a department manager who would be paid a salary (not that great, probably about $34k/yr) but the managers are scheduled for 45 hours a week and wind up working close to 60 hours. The managers don't get paid overtime though. The managers work odd hours (weekends, nights, holidays, etc) and do physical labor (such as merchandising products and unloading trucks). Can anyone tells if a sallied employee in this state SHOULD be eligible for overtime in this situation? If you need more info, feel free to ask. Thank you!!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Retail Department Manager Overtime Pay

    The answer is the same in all 50 states since it is a Federal law that governs this situation.

    Salaried is only a pay method and has no legal standing of its own. What matters with regards to overtime is exempt and non-exempt. Both exempt and non-exempt employees can legally be paid on a salaried basis; some exempt employees (though not in a retail setting) can be paid on an hourly basis. It is the job duties, NOT the pay method and not the job title, that determines whether the job is exempt or non-exempt. Virtually all exempt employees have at least SOME duties that would normally be classified as non-exempt; it is the primary duties that matter.

    An employee who is exempt has no legal expectation of overtime under any circumstances whatsoever. There are no exceptions under the law. While a legally binding and enforceable contract might conceivably call for it, and an employer can offer it, the law NEVER EVER EVER requires an exempt employee to be paid overtime. That is, in fact, precisely what they are exempt FROM - overtime requirements. An exempt employee who worked 168 hour a week would still be due not a penny above their regular salary.

    A non-exempt employee who is paid on salary is still, in most cases (but not quite all) due overtime if they work over 40 hours a week.

    But IF you qualify as exempt (and you have not provided anything like enough information to say if you will or not) then no, you are not due overtime in any state.

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