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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.

Need Help With an Overtime Question?

Call (781) 784-2322
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Schedule a Free Information Call
Are store managers exempt from overtime?

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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog