Salary vs hourly for retail management

[jack317]

I have a few questions in regards to the rate of pay and duties that I preformed as a general store manager for a shoe and clothing store (my store is in Indianapolis Indiana). I was first paid $600.00 a week salary and then $625.00 at the end plus a $5000.00 end of year bonus if I qualified. I worked a total of about two and a half years under these guidelines. At one time I had two employees but they were not always worked a full forty hours each and then I was able to only have one employee to assist with sales and store recovery. Towards the end they had moved me to a new store location with no employees for over a year with the same duties. My regular duties included being the only one allowed to run the store register also checking and placing all orders generating sales for the store as well as reports and other duties, also we were sometimes given the option or required to run a seven day work week of which the seventh day was paid as a bonus of $200.00 and taxed as a bonus at 40%, this is the normal practice with this company nation wide there are about 50 plus stores. I was wondering what my and the other managers for this company's rights are and what if any back pay in overtime would be owed in a case like this. And what actions if any I and or the other managers should take. Also I was laid off and am now due to return to this same position with the same company after eight months on unemployment with no staff and at $400.00 a week salary or $500.00 a week salary if I clean the plazas parking lot "plaza owned by parent company" by manual means a normal work week is about fifty four hours for store operations "not including seventh day" plus another ten to twelve hours for parking lot clean up for the week.

Thank you for your time I look forward to your response and feed back about these issues.

Sincerely

Jack Lallathin

 

[theretoo]

i am not sure that i can comment on your specifics as i truly don't know, but you may find the attached link of use

http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17g_salary.htm

 

[Patricia_Young]

For any period in which you did not manage at least two FTE employees, you did not meet the duties test for the Executive classification of exempt status. Of course, the minimum salary floor for exempt salaried employees has been $455 since August of 2004, so if you were paid $400/week after that point, it doesn't matter if you met the duties test or not, you would have automatically been nonexempt because you were not paid enough. It's possible that you could have qualified under the Administrative exemption duties test, but that one has always been a very gray area.

http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17a_overview.htm

I'm doubting you were exempt for most of the time. The federal DOL will take claims for up to two years of violations, three years if the violation is deemed wilfull. How much money in overtime would you estimate would be due? The state takes very limited claims, but you could also file civilly.


40% of a bonus is probably about right. 7.65% for FICA/Medicare, 25% (supplemental rate) for FIT, 3.4% for Indiana SIT - that's 36.05% already, plus county taxes if applicable.