Wellford, SC asked in Employment Discrimination and Employment Law for South Carolina

Q: Can my Retail employer make me work two job roles while paying me hourly to cover an hourly and a salaried position?

I have been working for the same retailer trying to work my way up to General manager in my company. I work as the Sales/Assistant manager in a chain retail store. My current general manager is transferring out to another location. Unless something changes, I am expected to work the job roles of both General (salary) and Assistant (hourly) until a replacement is found. There are many questions I have concerning this and other related issues in my company. I have little knowledge of what constitutes unfair labor practices and due to my age do not feel I have any protection from assumptions about my ability to perform in the roles. Is what they are doing illegal or is this a grey area where law does not cover?

1 Lawyer Answer
Rhiannon Herbert
Rhiannon Herbert
  • Employment Law Lawyer
  • Columbus, OH

A: The company's obligations to you regarding your wages will depend on how they are paying you during this time. Generally, the Fair Labor Standards Act does not impose any maximum hour restrictions. However, you must be paid for all hours worked. If you are paid by the hour, you must receive overtime at a rate of time-and-one-half your regular hourly rate for all hours worked in excess of 40 per workweek. Salaried employees need not be paid overtime, but there are certain rules regarding whether employees can properly be classified as salary employees.

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