[SoHoVe]

There is a older gentleman (cashier) at a business I frequent and due to some co-workers leaving he's been working doubles and doesn't believe he is entitled to overtime due to being salary.

This doesn't sound right to me, I thought only salaried managers and higher were exempt from overtime benefits.

I think someone maybe trying to pull a fast one. This business is a Valley wide (at minimum) chain that in the past has frequently had people come in from other locations to fill in as needed.

Dude is due overtime for anything over 40hrs even though he is salary correct? This seems to be what everything I'm finding online has reflected.

I just don't want to see some senior being needlessly taken advantage of...that kind of stuff is intolerable to me.

[CD2017]

It's not so simple.

That being said, MOST "managers" are mis-classified. Intentionally.

[kespen]

I get paid overtime for anything after 8 hrs per day, by Nevada law and I only work part time. So, yeah, he needs to check with the Dept of Labor. I'm betting he's owed a whole lot of overtime.

[mojavedxer]

Originally Posted by kespen

I get paid overtime for anything after 8 hrs per day, by Nevada law and I only work part time. So, yeah, he needs to check with the Dept of Labor. I'm betting he's owed a whole lot of overtime.

There is a difference between hourly wages and salary wage classification. Generally salary paid in retail equals slave wages.

[Tilo22]

Is he exempt or nonexempt employee? He probably has a contract with details and should review it. If he gets paid, I believe, a really low salary then he may need to be compensated according to NV law (will need to double check this). He should start with reviewing his contract.

[soclose]

A cashier that is Salary is being robbed of labor. There’s a lot of businesses that do this here in Vegas to work people to death at a minimum cost, especially if it’s open more than 18hrs a day. Definitely go to the labor board even if he’s getting paid weekly.

[airics]

if he is salary, there is no overtime.

if he is hourly, overtime over 8 hours per day in Nevada

[LVAllen]

Originally Posted by Tilo22

Is he exempt or nonexempt employee? He probably has a contract with details and should review it. If he gets paid, I believe, a really low salary then he may need to be compensated according to NV law (will need to double check this). He should start with reviewing his contract.

A contract? For a cashier's position? Unlikely.

That being said, being on salary is not the same as being exempt from overtime. Salaried nonexempt employees are still entitled to FLSA overtime pay to the extent that they actually work more than 40 hours in a work week. To be exempt, you need to be employed in "bona fide executive, administrative, or professional capacities."

Dude needs to contact the Nevada Labor Commissioner.

[CD2017]

Originally Posted by airics

if he is salary, there is no overtime.

if he is hourly, overtime over 8 hours per day in Nevada

Unless he is mis-classified. Which they probably are. Happens ALL the time.

[Guest89169]

Welcome to the world of overworked salaried positions. In corporate settings, sometimes you make out with a 30 hour week, but in retail, pretty much never.