Exempt Violation

[Idahodreams]

Recently we have cut hourly labor by 1/4. Consequently, out of a 10 hour day, I work an hourly crew position 6 hours (cashier or floor server from 11AM to 5PM). Instead of GM of a restaurant, Im a cashier! I work 50 to 55 hours a week. Does this constitute Exempt Status??

 

[Patricia_Young]

If you are performing nonexempt tasks more than half of the time, the exemption is lost. It would be hard for the employer to state that you are still "managing the restaurant" as your primary duty when you are spending more than half your time being a cashier.

Primary Duty
"Primary duty" means the principal, main, major or most important duty that the employee performs. Determination of an employee's primary duty must be based on all the facts in a particular case, with the major emphasis on the character of the employee's job as a whole.

http://www.dol.gov/whd/regs/compliance/fairpay/fs17b_executive.pdf

You can contact the DLSE.