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Pay and Working Conditions

Q

When do supervisors qualify for overtime?

A

Supervisors qualify for overtime only when they perform non-managerial duties that differ from their usual work. Consider, for example, an employee of a fast food restaurant whose job is to manage and supervise the employees from 8:00 a.m. to 4:00 p.m., without actually performing the work they do and the premises. At 3:00 p.m. an employee who works as a server calls the restaurant to tell the supervisor he won't be coming to work because he's sick.

After trying without success to find a replacement, the supervisor has to work the sick employee's shift, which begins at 4:00 p.m. and ends at midnight. Working the sick employee's shift requires the supervisor to perform non-managerial duties that differ from his or her usual work, and he or she should therefore be paid overtime for the extra hours worked.

Another example, the supervisor who takes over for a sick night manager, he or she is entitled only to regular pay not overtime pay, for the extra hours worked.

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Please Note: Any information provided in response to an HR or payroll question is not legal advice or a legal opinion. To obtain legal advice or a legal opinion, consult a lawyer.

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