Is there any legal backing to geting paid extra for overtime?

[GtPrOjEcTX]

B/c my fiance is working some overtime (shes the store manager of a mall jewellry store) and the store owner told her she doesn't get time + half b/c she has the ability to fire people. Sounds like a load of crap to me. Is there any legal things she could use to get the pay? (like the minimum wage type of deal)

 

[SackOfAllTrades]

You really should ask a lawyer. With something as serious like this, you don't want to make a decison based on ATOT's half-asssed guesses.

 

[HappyPuppy]

My wife manages a small retail store and is paid a salary. When she has to work overtime she does not get paid any extra. It's just part of the job.

 

[GtPrOjEcTX]

Originally posted by: HappyPuppy
My wife manages a small retail store and is paid a salary. When she has to work overtime she does not get paid any extra. It's just part of the job.

ok, in my fiance's situation she still gets an hourly + commission.

 

[yellowperil]

I found this on Google:

http://www.hrtools.com/pops/P98_05_4053_IN.asp

Looks like the owner may be right. She would fall under exception 17: "persons in an executive, administrative, or professional capacity who have the authority to discharge and who earn $150 or more a week;"

 

[RagingBITCH]

http://www.fairmeasures.com/overtime.html#exempt

 

[DurocShark]

I've found 2 loopholes here in Cali:

#1: Since the Landers / Big Bear earthquakes a few years ago, the state has modified the law that hourly persons working in either disaster areas or in tourist areas (!), whether working directly in recovery operations or tourist operations or not, are not required to be paid overtime until a certain number of hours per week is reached (I seem to recall 80 hrs... but probably wrong.)

#2: If you have MANAGER or ADMINISTRATOR in your title, you are not required to pay overtime.

One company I worked for required 8.5 hours of work each day (9.5 including lunch) and got away with it because everybody was either and administrator, manager, or partner. :Q

 

[GtPrOjEcTX]

Originally posted by: yellowperil
I found this on Google:

http://www.hrtools.com/pops/P98_05_4053_IN.asp

Looks like the owner may be right. She would fall under exception 17: "persons in an executive, administrative, or professional capacity who have the authority to discharge and who earn $150 or more a week;"

well, dang, thanks the google...she would like in that exception.