If I am a manager but make an hourly wage instead of a salary, am I entitled to overtime?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 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.
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