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overtime for salary paid employees

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msrgrl

Guest
My husband is a salary paid manager at Wal-Mart in Missouri. I realize that they usually don't get paid for overtime, but he is opening a new store and has been working approximately 80 hrs/week for the last couple of months (2-1/2 weeks without one day off). If you divide this by the amount of money he makes, the hourly is very minimal. I feel like the time away from his family and the lack of sleep should be worth something. Is there any chance that he could get any compensation for this or any overtime pay in the future? I have two small kids and I am fed up!!!!!!!:(
 


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nathan_w_cheng

Guest
Count me in on this. I worked 90+ hour weeks (on a fixed salary) for seven months before I was laid off. I was told that salaried employees don't get paid overtime. If that's not true, then boy do they owe me a lot of money! I'll be watching this thread...

Nathan
 

JETX

Senior Member
Generally, as managers, is probably classified as 'salaried exempt'. The reason that I say 'probably' is that there are specific requirements established by federal and state laws that define whether a person is really 'salaried exempt'. Generally, an employee is 'exempt' if classified as "executive," "administrative" or "professional." The final determination of whether your tasks are truly exempt or not is not a simple matter (it has to do with job requirements, supervisory issues, whether you are required to 'punch a clock', the responsibility that you are given, etc.) and you might consider talking with an attorney in your state to see whether your position is truly 'exempt'.

If it is determined that your position is NOT exempt, here is the Missouri Statute that applies:
"Overtime compensation, applicable number of hours, exception.

290.505. 1. No employer shall employ any of his employees for a workweek longer than forty hours unless such employee receives compensation for his
employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.

2. Employees of an amusement or recreation business that meets the criteria set out in 29 U.S.C. 213(a)(3) must be paid one and one-half times their regular compensation for any hours worked in excess of fifty-two hours in any one-week period."
http://www.moga.state.mo.us/statutes/C200-299/2900505.HTM

Also note that the MO statute (290.500) defines an employee as:
"(3) "Employee", an individual employed by an employer, except that the term "employee" shall not include:
(a) Any individual employed in a bona fide executive, administrative, or professional capacity;"

To read the entire MO statute on wage and overtime, click on: http://www.moga.state.mo.us/STATUTES/C290.HTM
 
N

Nlou

Guest
Professional exempt

Was the original questioned answered? I am an exempt employee (outside sales), my check show a salary amount, for 177 hours a month. NOw the company has decided not to pay the non-exempt employees overtime to count inventory this year. The company has mandated that all exempt employees will count in off hours. Minimum 16 hours, or in some cases 8 hours per week till finished. Administrative time adds 10+ hours a week already. Isn't there some law that determines how many hours a salary person can work?
 

JETX

Senior Member
Re: Professional exempt

Nlou said:
Was the original questioned answered? I am an exempt employee (outside sales), my check show a salary amount, for 177 hours a month. NOw the company has decided not to pay the non-exempt employees overtime to count inventory this year. The company has mandated that all exempt employees will count in off hours. Minimum 16 hours, or in some cases 8 hours per week till finished. Administrative time adds 10+ hours a week already. Isn't there some law that determines how many hours a salary person can work?
Since you are obviously in the witness protection program (or can't read the RED text at the top of the screen), you are excluded from any overtime or straight time income determinations.
 

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