Murfreesboro, TN asked in Employment Law for Tennessee

Q: Under overtime exemptions when does the managing two employees section kick in?

Under exempt employees salary laws. It says if you manage two or more employees you are exempt from overtime. I worked as a night manager at a quick-serve restaurant. Most nights I worked I would be with one employee but they would change out with other employees depending on the shift. Every so often I would manage during the day or actually have 2 employees at night. I was considered an exempt employee. Was that classification correct? (I no longer work here just curious about the law.)

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1 Lawyer Answer
Rhiannon Herbert
Rhiannon Herbert
Answered

A: More information is needed here. Under the executive exemption, you are exempt from the overtime pay requirements of the FLSA if you manage at least 2 employees or their equivalent (among other requirements). This can be two full-time employees, or their "equivalent" (i.e. two part-time employees working 4 hours/day = 1 full-time employee working 8 hours/day). The exemption does not require constant supervision of the employees, meaning if your shifts didn't always overlap with theirs, this does not necessarily mean you wouldn't be considered a manager for them.

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