I am a store manager who is salaried at 40 hours a week but am required to work a minimum of 45 hours a week.
reach sales goals by sunday july 19 we will have to work 7 days a week until the goals are met. Can she do this ? and what are my legal rights if i choose to ignore this threat?
1 attorney answer
If an employee qualifies as exempt from overtime law, such as by qualifying as an administrative, executive, professional employee under the law, and the employer compensates by salary, the stated salary is considered compensation for all hours worked. Store managers are typically exempt from overtime law. As such, nothing in the law prohibits an employer from requiring more than 40 hours in a work week. Even if the employee is not salaried and/or not exempt from overtime law, an employer is permitted to require employees to work extra hours so long as the additional hours are compensated at time and a half. Certain specific employments may have restrictions, but those are usually limited to factories or the like, in which total hours per day or per week may be limited, but even in those cases, the hours limit is usually in excess of 8 hours a day and 40 hours a week.
Refusal to work mandatory work hours, even in excess of 40 hours a week, can constitute insubordination and cause for termination. In most cases, employment is at-will, and the only remedy for the employee whose employer is demanding more than reasonable is to quit and find work elsewhere. The law does not typically govern the terms of employment.
The above is offered for general discussion purposes only and is not specific legal advice. Consult with an experienced employment lawyer who can review and analyze the specific facts and provide concrete advice.