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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?

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Are store managers exempt from overtime?

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  • Home
  • Estate Planning
    • Massachusetts Wills and Trusts
    • Why You Need an Estate Plan
    • Massachusetts Estate Tax
    • Inheritance Tax
    • How to Make an Estate Plan
  • Employment Law Solutions
    • Employment Law MA
    • Employment Termination
    • 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
    • Equal Pay Act
  • Business Law Solutions
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Stowell Simonton
    • Elijah Bresley
  • Reviews
  • Blog
  • Contact