Retail managers are generally responsible for everything that happens in their stores—from hiring, firing and training employees to meeting profit goals. But they often spend most of their time doing the same work that hourly employees do, such as running cash registers. Even so, they may qualify as exempt employees under the Fair Labor Standards Act.
Why? It’s the quality of thework they do that counts, not the number of hours they spend doing it.
Recent case: Nancy Soehnle, a site manager for a Hess convenience store, supervised the other employees and handled scheduling. She also recruited, hired and trained employees, plus was responsible for the store’s maintenance and safety.
However, the reality was that Soehnle spent about 85% of her time running the register. She spent only about an hour a day on management duties.
Soehnle worked about 70 hours per week and earned a $34,000 annual salary. That was about twice as much as other employees. And because Hess classified her as an, she received no overtime pay.
Soehnle sued, alleging she should have been paid overtime. She claimed that, because she spent so much time on the register, she wasn’t really a manager.
The court disagreed. It said that what counts is not the amount of time spent on management, but the quality of that time. In this case, her most critical duties were managerial, and she alone was responsible for them. (Soehnle v. Hess Corporation, No. 10-1344, 3rd Cir., 2010)
Final note: The outcome might have been different if Soehnle had fewer management duties or there were several other managers working with her.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/13047/retail-managers-exempt-or-not-look-at-duties-not-time-spent-on-them "