Legal Question in Employment Law in Maryland

Re: Holiday Overtime

First, thanks for serving the country and welcome home!

Second, I am afraid your wife does not have any recourse here, other than to negotiate with Hallmark or find a different job.

As a manager, she is almost definitely not entitled to overtime by law. That is because her managerial duties bring her within the "white collar" exemptions from the wage and hour laws (the FLSA). In other words, she is exempt from receiving overtime pay. The idea is that salaried people earn more on average than hourly people and thus there is no need to mandate that they receive overtime.

If it happens that she is only a manager in title but really mostly does hourly type work - working the cashier, stocking shelves, etc., and does not really manage the store (e.g., determine inventory, decide employee work schedules, handle personnel issues, make managerial decisions, etc.), then she might have an argument for OT. But I doubt it.

Her best option, then, is to speak with her boss and explain the situation - that you are just back from Iraq and she would like to spend more time with you. She should have some compromise ideas so that the store is not negatively affected by her absence. Perhaps she can make up the time she spends with you, or maybe there is another manager who can fill in.

Don't get me wrong - Hallmark is definitely taking advantage here. But it is not illegal, and if she does not want to do the job, someone else will. I also assume that the schedule is only for the busy holiday season and is not the norm. I doubt anyone would put up with it in the long term.

I hope that helps a bit.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

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http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.