Exempt or Non-Exempt Employee???

[melissa1277]

What is the name of your state (only U.S. law)? Illinois

I have worked at this small fast food restaurant for 2 years now... I am a salaried employee and I was wondering if I was a non-exempt or exempt employee?

My title is supposably "Manager" (there are two "managers" and we usually work together.. not sure why!So it would be us two salaried managers and one hourly employee during the day ). I do EVERYTHING that hourly employees do (ex: dishes, wait on customers, make food, etc..) plus a few extra duties (ex: do inventory, ordering, deposits, scheduling, etc..)

I have no contract signed, I don't record my hours on paper...I really don't have a job description except what I stated above. I get paid $884 (that is after taxes) every two weeks... I work anywhere from 40-60 hours a week. I was wondering if I was entitled to overtime, because I feel like I am being taken advantage of because the business is not doing so well. The owner pretty much got rid of all the hourly employees and has myself and the other so-called "manager" working most of the time now... My boss constantly reminds us that we are the ones to be working because that is why he put us on salary... so he doesn't have to pay overtime.

Im just wondering if someone can help me figure out if I should be getting overtime or not?

I really appreciate your help!!

Thank you!!What is the name of your state (only U.S. law)?

 

[pattytx]

I believe there are some opinion letters or case law on this, but it you're doing that much nonexempt work, it's unlikely you meet the criteria for exempt status. Your net pay is irrelevant.

Being paid on a "salaried" basis is irrelevant, unless the job duties meet the criteria for being exempt.