Manual labor % for Exempt ee:'s

[DL11]

What is the name of your state? Ohio

As a store manager, managing an average of 4 employees, for large corporation, duties included financials, payroll, interviewing, training, reports, customer relations, etc... yet in the absence of the employees (who were out of store doing work) I had to unload trucks (huge items), move large pieces of merchandise, load trucks, etc... There were also many instances where when staff was low, not my choice yet the decision of upper management to move my employees to other locations, I had to go out of the store to load/unload large merchandise items. The total amount of time I performed the manual labor exceeded 60%, on a usual basis of 40% of the time.

Does this fall under the exempt employee status, or borderline?

 

[pattytx]

40% is the maximum for retail establishments. Depending upon how often time spent on nonexempt duties exceeded 40%, you may have a claim. Since Ohio, follows the federal FLSA regulations, I would go directly to the U.S. Dept. of Labor. This is assuming, of course, that you have some type of records or notes about how you spent your time. Good luck.