I work in retail in a meat dept. and there is only three of us working. My manager is on salary, one full timer, and one parter. Is it legal for my Manager to be on salary?

ScottGem

Why not? The definition on salaried vs hourly is not based on number of workers, but the duties and definition of the job.

chantk

I found this on the U.S. Department of labor web site. I don't think it is legal at all. Either My employer has to hire another person or make the part timer into full time.

Two or More

The phrase “two or more other employees” means two full-time employees or their equivalent. For example, one full-time and two half-time employees are equivalent to two full-time employees. The supervision can be distributed among two, three or more employees, but each such employee must customarily and regularly direct the work of two or more other full-time employees or the equivalent. For example, a department with five full-time nonexempt workers may have up to two exempt supervisors if each supervisor directs the work of two of those workers.

U.S. Department of Labor -- WHD: FairPay Fact Sheets by Exemption - Executive Employees

ScottGem

Ok, based on that, it would appear he doesn't meet that test. Why does this concern you?

chantk

Well the company I work for does a lot shady things and Feel as though that they are using my manager. The have many managers that work salary, and abuse the idea of salary workers. My boss is a very nice guy, but they work him to death and he does see anything for it. By the way it is a small grocery store chain. I don't know if I want to say something in fear of losing my job.

ScottGem

So you think your boss is being abused by having to work long hours without OT? So show him what you found and let him decide what to do.