Retail store manager on salary based on hourly multiple by 40 hours. The company now requires all store managers to work a minimum of 50 hours per week every week for same pay. Is this legal and it is certainly not fair.
The Fair Labor Standards Act ("FLSA") is a federal law that requires employers to pay overtime pay of at least 1.5 times the regular pay for non-exempt employees working more than 40 hours in a given work week. The issue of whether you are exempt or non-exempt cannot be answered based upon the facts you have given. However, it may be helpful to know that simply being a salaried employee doesn't necessarily make you non-exempt under the FLSA. Use the find a lawyer feature of this site and consult with an employment attorney in your area.
Find an employment attorney in your area. If they can't do this, the attorney might want to file a suit on your behalf. There could be money on it if there are lots of managers being treated unfairly.
It's impossible to say for sure, but based on the facts you give, I suspect that your employer has acted legally. Here are a few legal rules that govern your situation:
Number of hours worked: There is no law that would prevent your employer from requiring you to work 50+ hours every week.
Right to overtime pay: The Fair Labor Standards Act (FLSA) is a federal law that gives covered employees the right to overtime pay when they work over 40 hours a week. There are 31 classes of employees who are NOT protected by the FLSA, and there is a good chance you belong to one of those classes.
No right to overtime pay for Executives: If you're an Executive as defined by the FLSA, you don't have a right to overtime pay. An Executive is a salaried worker whose primary duty involves managing either the business or a subdivision of the business, who supervises at least two people, and who has the power to hire and fire.
No right to overtime pay for Administrators: If you're an Administrator as defined by the FLSA, you don't have a right to overtime pay. An Administrator is a salaried worker whose primary duty involves the management or general business operations of the business and who exercises discretion and independent judgment with respect to matters of significance.
Without knowing how high you are on the food chain, I have no way of knowing whether you meet one of these legal definitions.
If you meet the legal definition of an Executive or an Administrator, you have no right to overtime pay, and the employer has acted legally.
If you don't meet the legal definition of an Executive or an Administrator, you probably do have a right to overtime pay for the hours you work in excess of 40 hours a week.
You also have to earn a minimum salary to meet the legal definition of an Executive or an Administrator, but the amount is so low ($455/week) that you almost certainly meet this part of the test.
Treating employees unfairly: This is completely legal.
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