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Salaried employee working in retail store

I think I know what my answer would be - someone already let this go thorugh last year and it's come up again.

So these are my scenarios - Employees normal job is a manager of
outdoor eduction - State of Rhode Island paid a salaried amount on a bi-weekly basis. During the winter month say Nov - Mar they work in one of our stores - they remain on the books as a salaried employee and the payroll clerk was billing the store's payroll the number of hours he worked in sthe store at his lower rate. That was for billing only - he still received the same salaried bi-weekly basis.

To make matter further complicated the retail piece of this is in Massachusetts so there are all sort of taxes etc to be looked at.

We have Ri and Ma w/h - both Blue law states
unemploymoyment in both state abd workers comp in both states
I'll have to check to see if theyhave different pre/post tax rules each state.Any recommendations?


  • both Blue law states
    So alcoholic beverages can't be sold on Sunday? What does that have to do with salary? Salary basis is based on what the employee does - and each workweek stands alone - so, despite getting paid regular salary, if OT is worked, the employee may have to be paid time and a half.
  • we don't sell alcohol - but in retail you have to pay time and half on Sunday in those states - so regardless of his status - like you said - when he is working as an hourly retail employee all the employees as a non exempt hourly employee apply.

    I totaly agree - I just wanted to make sure. I'm not sure why someone let this go through last season..
    Thanks for your input.
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