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Bioshock4242

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  1. Tennessee law says that anyone who works 6 or more hours is due a 30 minute lunch. Are there any exceptions to this? I am an exempt salaried Assistant Manager at a grocery store. On nights that I close, I can not take a lunch because I am the only one in the store authorized to do certain things. My district manager still wants me to clock in and out for a lunch though so it appears i am still taking them. Don't get me wrong, I am not going through a whole 10 hour shift without eating. I will eat a bite when I get a chance, but I don't feel like this replaces a real 30 minute lunch. This is his logic though. If I am getting a chance to eat, I am getting a lunch. So, that's basically my question. Are exempt salaried managers in Tennessee still entitled a 30 minute break?
  2. Thank you for the responses. Is this an issue that I would need an attorney to handle or is this something I could do on my own. By the way, I had a couple of additional questions. When I first started the job, I was told I could fire employees but not to exercise this option without first gaining approval of the store manager. We very rarely fire anyone so on occasion that the need arises, he handles it. I was also told I could hire individuals. Over my 3+ years as acting Assistant Manager though, I have not been permitted or trained in how to do so. I have never conducted an interview and I have very rarely if at all been asked my opinion of a candidate. The law says that I must be involved in the hiring or firing of employees or my words must carry weight in decision regarding such. In your opinions, would you say that I do not meet the criteria for this particular part of the law or is it enough that I have been told that I have the authority to hire or fire regardless of whether or not I am permitted to do so? Also, what constitutes non-exempt work and exempt work? And how much non-exempt work is an exempt person allowed to perform?
  3. I work at a chain grocery store in Tennessee. My job title is Assistant Manager and I am paid a salary with no overtime pay. On a weekly basis, I am required to work no less than 50 hours. I am required to clock in and out to record my hours. The only change to my pay is when the Store Ma. ger takes vacation. For that week when he is gone, I will receive overtime pay for any hours worked over 50. I have researched the laws dealing with overtime exemption and believe that my job duties do not qualify me to be so. Over 3+ years at my position, I have never hired nor fired a single employee. I have not even been trained in such matters at all. The store manager also rarely, if at all, asks my opinion in regards to applicants. I perform no interviews nor have I ever sat in on one. Promotions of employees are also very rarely discussed with me. It is solely handled by the manager. My input is rarely sought. My job duties on a daily basis require me to direct the work of a around 2-10 people. I also log in 3-10 hours a week ordering product and about 2-4 hours doing general paperwork. I also spend a varying amount of time checking in vendors, dealing with customers, and authorizing checks ovee $100. The rest of my time and a majority of it is spent stocking shelves, building displays, keeping the stock room tidy, and filling in where needed. Am I right in believing that I should not be exempt from overtime and also where does the burden of proof lie in a situation such as my. Is it mine to prove my allegations and if so, how would you go about doing so? Or is it my employers to prove my allegations false?
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