Overtime

[Natachak]

I am a sales manager (salaried) at a department store in Louisiana, and have been putting a lot of extra hours. I have 2 questions.

1) Am I considered an exempt on non-exempt employee under FLSA?

2) During Christmas time, due to heavy business, managers are required to work 6-day weeks between Thanksgiving and the January inventory. We're supposed to get comp days after January. We worked five 6-day week plus did not get any compensation (extra day off with pay or extra paid day) for the 3 holidays recognized by the company (Thanksgiving, Christmas, and New Year's day). First, upper management offered us 5 comp days, then agreed to 7.
It seems to me we are owed 8.
What are their legal obligations in this matter?

 

[cbg]

Since it is not job title but job duties that determines whether one is correctly classified exempt, it is impossible to answer your first question with the information available.

In regards to the second question, if you are correctly exempt, they are under no legal obligation to provide any comp time at all. That is strictly a matter of company policy. If it should turn out that you are actually non-exempt, it is ILLEGAL for them to offer you comp time. You would, however, be entitled to OT pay for every hour worked over 40 in a week.

 

[Natachak]

Here is my job description as quoted from the website.

"Store Management - Area Sales Manager
As an area sales manager in a branch store, you'll be responsible for a multimillion-dollar merchandise zone – managing selling floor activities, presenting and managing merchandise, and supervising your department's sales staff. "


I did not sign any "job description form" when I got promoted last year from a "selling manager" position (paid hourly), so this would be the only description of my duties I have available.

Is this enough to determine whether I am exempt or not?

 

[cbg]

Not for certain, although from what little you have supplied, I am guessing that you are correctly classified as exempt. I have never worked in a retail environment, though, so there may be some issues I am not aware of. You can check on the DOL web site, www.dol.gov under the FLSA.