Review duties and pay together
A salary or assistant-manager title alone does not establish an overtime exemption. Actual duties and the applicable pay requirements matter. Certain commissioned retail employees may fall within a separate exemption with its own conditions.
For covered, nonexempt employees, required work such as closing the register or stocking after clock-out deserves review. Deductions for shortages or required items can also affect minimum-wage and overtime compliance.
- Describe your typical shift and decision-making authority.
- Keep commission plans, deductions and pay statements.
- Compare closing instructions with recorded time.
Explain what changed after a complaint
After reporting discrimination, an employee may notice fewer hours, a different store assignment or unexpected discipline. Those facts should be assessed with the complaint itself, earlier schedules, performance history and the employer’s explanation. Protected activity does not prevent legitimate discipline unrelated to the complaint.
Common questions
What employees ask us
Am I exempt because I occasionally supervise a shift?
Not necessarily. Occasional supervision does not answer the full exemption test. Explain your regular responsibilities, authority, compensation and how your time is actually spent.
Official information
Content updated October 21, 2026. General information; individual circumstances and applicable law matter.