Legal Question in Employment Law in Illinois

I am a 'salaried' store manager but in our payroll system at corporate, I am classified as hourly. I was hired 5 years ago and told i was salary. Another store mamager who was hired 8 months ago was told she was salary too. Store manager's are required to work 44 hours a week, but if we are classified as hourly, shouldnt we be getting paid 4 hours of overtime every week? Also, if we don't work our 44, they make us use sick time or vacation time to get to our 44 hours. Are either of these practices legal? Might the several hundred store managers of this corporation have A case for a class action lawsuit?


Asked on 3/18/11, 7:08 pm

1 Answer from Attorneys
Betty Tsamis Tsamis Law Firm PC

If you are salaried your rate of pay cannot vary depending on the number of hours you work. Thus requiring you to take vacation or sick time would destroy the salary basis which is one factor used when determining if an employee is exempt. If an employee is not exempt, that employee is entitled to over time pay. Whether or not an employer's practices are in violation of state and federal labor laws depends on the specific facts as applied to each unique aituation. Our firm has a long history of helping employees in this area. Please call us for a free case evaluation.

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Answered on 3/18/11, 8:01 pm


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