Salary Exempt Violation?

[Idahodreams]

I am a salaried General Manager in food service. For the last 9 months we have cut hourly staff by 30%. Subsequently, I spend 5.5-6 hours of a 10 hour day in hourly positions (cash, server). Isn't this a violation of the exempt status, and if so, how do I go about recovering the OT owed?

 

[army judge]

I am a salaried General Manager in food service. For the last 9 months we have cut hourly staff by 30%. Subsequently, I spend 5.5-6 hours of a 10 hour day in hourly positions (cash, server). Isn't this a violation of the exempt status, and if so, how do I go about recovering the OT owed?

A person receives a salary and is exempt.

A person receives an hourly wage and isn't exempt.

You can't be both.

As a salaried person you can be directed to perform hourly duties.

You won't be compensated differently for doing those hourly duties.

 

[Idahodreams]

Ok....but isn't it true that if I am working the position of subordinates more than 50% of my shift that I'm entitled to OT?

 

[army judge]

Ok....but isn't it true that if I am working the position of subordinates more than 50% of my shift that I'm entitled to OT?

Are you really exempt?
I don't know your status.
I don't know your company policies.
If you're exempt, you could be required to do most anything for 100% of the time.

If you disagree, file a complaint with the agency that oversees wage and labor laws in your state. Just Google it.

 

[Patricia_Young]

In California, that would be the Division of Labor Standards Enforcement, and you would file the claim for unpaid overtime due to a misclassification. It either works or it doesn't, but it does force the employer to justify classifying you as an exempt employee.

CA (and federal) law does not look at the percentage of time spent, but what your primary duties are.
http://www.dir.ca.gov/IWC/IWCArticle2.pdf