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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
