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Are Store Managers Exempt From Overtime?

Many employees with the title of "store manager" or "assistant store manager" are classified as exempt employees and not paid extra for overtime hours.

This is not always appropriate or legal.  Even if they are paid on a salary, and their title includes the word "manager," they must still have the exempt duties as their primary duties.  For a manager, these are:

• Your primary duty must be managing the enterprise or a recognized department or subdivision.
• You must customarily and regularly direct the work of at least two or more other full-time employees.
• You must have the authority to hire or fire other employees. If you do not have direct hiring authority they may still be exempt if their recommendations are given particular weight in the hiring or firing process.
  

If you do not meet this test, and/or if you do these things some of the time but the majority of your time is spent doing the same tasks as non-exempt employees (i.e., stocking shelves, working the cash register), you may be entitled to overtime pay if you work more than forty hours per week.


Learn more here about overtime exemptions under Massachusetts and federal law.

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