| Attention All
Retail Business Owners Who's
exempt from overtime in a retail business? A bona fide executive, administrator,
professional, or outside salesperson is exempt from the wage and hours provisions of
federal law, which defines who can get overtime.
Executive. According to Labor Department
regulations, an executive is one whose primary duty is management, regularly directs two
or more full time employees, has authority to hire and fire, gives promotions, regularly
exercises discretionary powers, doesn't spend more than 20% of his time on non-executive
functions, and is paid a guaranteed salary of $500 per week.
Administrator. Defined in terms of doing
office work directly related to management policies or general business, exercises
discretion, regularly assists an owner or executive, does work requiring special training
or knowledge, and doesn't spend more than 20% of his or her time on non-administrative
work.
Note: If you own a
service station, your service manager IS NOT exempt nor are technicians, cashiers, or
other station, shop or office personnel including internal bookkeepers. In addition, you
cannot "exempt" anyone simply by paying them a "salary" or
"commission".
Nancy
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