Unpaid working lunches

[AnnaSC]

What is the name of your state? South Carolina

I work for a small company, 3 people plus the owner. Because I was starting to get so much overtime due to store requirements, my employer switched me over to salary. My salary is supposed to be based on 40 hours per week with an hour of unpaid lunch each day. Lately I have been working close to 12 hour days 5 days a week and coming in on one of my days off not to mention now being required to stay in the store to cover while everyone takes a lunch break-one of the other guys usually brings me something back, but I am not allowed to take time to leave the store. Is there any thing that I can do about this? I am worried that now that I am on salary I won't really have any actions available to me.
Thanks in advance for any help.

 

[pattytx]

The issue is not whether you are on "salary", because that is just a pay method. The real question is whether you are exempt or nonexempt from the overtime provisions of the Fair Labor Standards Act. Are you the store manager? Please tell us more about your job duties. It is critical to the answer.

 

[AnnaSC]

Job title

I work as an account manager, with so few employees, it is the owner, the store manager, and then there are two account managers. The other account manager is new and is therefore not allowed to remain in the store by himself-so when the owner and store manager go for lunch, the other guy has to go do his lunch and grab something for me...I don't get the option to leave.

 

[pattytx]

Need more info. What exactly do you do as an account manager? Day-to-day tasks.

 

[AnnaSC]

Day to Day Tasks

I make new sales on the floor and when I am out on the road, but the majority of my job is running down accounts. I make sure the people who are on my accounts pay on time, either by phone calls or house visits, and if they cannot pay, I repo the merchandise.

 

[pattytx]

This sounds to me like a nonexempt position, in which case the employer would be required to pay you for all hours worked, even if those hours were worked during a scheduled meal period, plus overtime pay for all hours worked over 40 in a work week.

However, you can contact the U.S. Dept. of Labor at 1-866-4-USA-DOL to confirm. Assuming they do agree you should be classified as a nonexempt employee, then you can file a claim with your state Dept. of Labor for unpaid wages and unpaid overtime.