Can a company force their salaried employee to work more than 40 hours per week?

[Chaotic42]

I was salaried and exempt but I got OT, well after 45 hours/wk, so first 5 OT was unpaid. So I don't think exempt necessarily means no OT pay.

We usually get straight time for hours over 40. I haven't worked that many unpaid OT hours there, and I only usually work them when I'm doing R&D to make my life easier anyway.

 

[spidey07]

Yes. That's what salaried-exempt means. You're exempt from federal/state labor laws.

 

[Double Trouble]

There are of course differences in how each state handles these things. Here in OH, our HR rep had a meeting with managers/directors/vps and explained that we could not force someone to work any amount of hours over the standard 38.75 hour requirements. However, that's merely a technicality, because she explained that instead, you can simply require that an assignment gets done by a certain deadline. If that requires the employee to work 80 hours per week, so be it. If they don't hit the deadlines, you can fire them for performance reasons (ie, "with cause", and they don't get unemployment after that). So you can't mandate the hours directly, but by setting the tasks and deadlines you can control how many hours you want your people to work.

I expect my managers and their direct reports to put in 45 or so hours a week unless there's something pressing going on or there's a particular situation demanding more.....

 

[bobdole369]

OP if you really live in the republic of West Florida - you already know that America's Wang has no actual labor laws on the books besides an independed minimum wage. But that doesn't matter, because there isn't even a labor department to enforce any of those laws. There is a skeleton department that solely deals with discrimination, and only interfaces with the fed.

In this great state - and many others like it, absent a bona fide employment contract or collective bargaining agreement, your employer can ask you to work 24 hours a day, 7 days a week until you drop dead of exhaustion, threatening to fire you the entire time, yelling and screaming while cracking a bullwhip (not actually touching you that is), and reducing your pay to minimum wage on payday when you agreed to work for $50,000/yr.

So long as they don't break any actual laws (meaning OSHA, health department stuff, or discriminate against a protected class, etc), nothing is off limits here.

EDIT: just saw its not FL after all. whatever most of the south is the same way, you guys might get actual labor department.

 

[bobdole369]

I mean, I agree with it, if you take on a salaried job, you enter a contract to do it.

Salary job usually doesn't equal a bona fide employment contract. In fact those are quite rare.

Salary job just means "exempt" from overtime rules. Most white collar jobs and computer pros are this way.

http://www.dol.gov/whd/regs/compliance/fairpay/fs17g_salary.htm

Yeah - and nobody can "force" you to do anything. If you don't like the job and don't want to do it, you are free to quit. There are no limits to this. They are free to fire you too if they don't like your work. They can typically fire you for any reason that isn't illegal, or no reason at all. They don't need to follow their own handbook of rules, nor do they need to pay you "vacation time" or "commissions" on termination either. Lots of companies do. Some companies dont.

 

[slag]

"Can a company force their salaried employee to work more than 40 hours per week?"

In this economy? Let me answer your question with another question:

"Can a slavemaster force their slave to do anything they want?"

What do you mean "in this economy"? The recession is over, jobs are plentiful, if you can't find a job in this economy, then you are doing it wrong.

 

[Engineer]

Yes. That's what salaried-exempt means. You're exempt from federal/state labor laws.

You're exempt from one section and have a new section to follow (i.e. you have to get paid for 40 hours whether you work 1 minute or 100 hours). There are still laws to follow.

With that in mind, they can't force you to do anything. They do, from my experience, EXPECT the world. We will see how long this new job lasts at the pace I'm expected to go with the promise that it will slow down. Of course, talking to those working with me (ALL of them are hourly and get paid the extra money), it NEVER slows down.

I can feel the pay "RATE" shrinking....

What do you mean "in this economy"? The recession is over, jobs are plentiful, if you can't find a job in this economy, then you are doing it wrong.

5 workers for every job opening.

 

[mwtgg]

I'm salary in a professional CPA accounting firm. Any hours I work > 40 get accrued into a lump payment at the hourly wage of what my salary would be two times a year, or I can take it as vacation.

That's not a bad deal at all. I don't mind working more than forty hours a week, if I don't feel used by the employer.

We get an extra week of vacation (if we work at least 50hrs a week and an average of 55hrs a week during busy season), so it's things like that which are great (and our summer hours).

Oh and you know what you're getting into when you start a job as far as hours go. If it turns out you don't like it, go elsewhere.

 

[spidey07]

OP if you really live in the republic of West Florida - you already know that America's Wang has no actual labor laws on the books besides an independed minimum wage. But that doesn't matter, because there isn't even a labor department to enforce any of those laws. There is a skeleton department that solely deals with discrimination, and only interfaces with the fed.

In this great state - and many others like it, absent a bona fide employment contract or collective bargaining agreement, your employer can ask you to work 24 hours a day, 7 days a week until you drop dead of exhaustion, threatening to fire you the entire time, yelling and screaming while cracking a bullwhip (not actually touching you that is), and reducing your pay to minimum wage on payday when you agreed to work for $50,000/yr.

So long as they don't break any actual laws (meaning OSHA, health department stuff, or discriminate against a protected class, etc), nothing is off limits here.

EDIT: just saw its not FL after all. whatever most of the south is the same way, you guys might get actual labor department.

Don't like it? Go get another job.

I will NEVER, EVER, EVER not be compensated for work more than 37.50/40.0.

Never, ever. Never again. You salary folks without OT need to wake up, most of you are in professional positions and therefore are NOT exempt. Then again, you agree to be exempt by accepting your employment. You agreed, so you're screwed.

 

[amdhunter]

It works both ways. There are many days, especially in the summer when I leave work hours before I am supposed to.

I'd NEVER give up salaried pay for a punch in clock.

 

[spidey07]

It works both ways. There are many days, especially in the summer when I leave work hours before I am supposed to.

I'd NEVER give up salaried pay for a punch in clock.

Then you don't know what salaried non-exempt is and are happy to be paid less than your market wage per hour. It's OK, I once thought like you and figured it was a "good thing".

Never again.

 

[thegimp03]

Well, usually if an employee wants to keep their job, they will do whatever the job entails. If your boss is sitting there working 16 hour days, then you should probably be there too.

It's called "at will" employment for a reason. You can quit and they can fire you at any time for no reason.

 

[JulesMaximus]

Right now most of us at work are working a bit of overtime. We're salaried and I was talking with my supervisor today and he said that the company can't force anyone to work more than forty hours per week. That sounds absurd to me. I understand that it's undesirable to have to do that regularly, and it would lead to people leaving, but are companies really powerless to force salaried employees to work more than forty hours per week, or can they fire employees who refuse to do so?

The way they do it is they give you more and more work to do until you are completely overloaded and you are forced to stay late to get the job done. If you don't, you're fired.

On the plus side, they cannot force you to come in at a certain time, they cannot dock you if you leave early or take a long lunch either. Nor can they make you use PTO if you leave early for a doctor's appointment or to pick your kid up from school.

 

[Soccerman06]

The way it worked for my dad was, for every hour you worked OT you would get 1/4 time for payed off. So if you worked 4 hours OT you would get 1 hours payed off over your allotted sick/days off.

 

[Double Trouble]

Don't like it? Go get another job.

I will NEVER, EVER, EVER not be compensated for work more than 37.50/40.0.

Never, ever. Never again. You salary folks without OT need to wake up, most of you are in professional positions and therefore are NOT exempt. Then again, you agree to be exempt by accepting your employment. You agreed, so you're screwed.

What are you talking about? Most professional positions ARE exempt:

The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek.
However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week ($23,660 per year). Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.

 

[amdhunter]

The way it worked for my dad was, for every hour you worked OT you would get 1/4 time for payed off. So if you worked 4 hours OT you would get 1 hours payed off over your allotted sick/days off.

Mines is even. If I have to work OT, I get 1 hour per hour worked. I only cash in things more than 4 hours though (1/2 day vac.)

 

[Double Trouble]

Companies can choose to reimburse the employee for extra time worked if they choose -- but they generally have no obligation to do so. I've allowed people to take additional days off when they've put in a lot of time on a project or task, but it was completely at my discretion. Company policies vary widely.

 

[spidey07]

What are you talking about? Most professional positions ARE exempt:

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Most sucker professionals. I said what I mean and mean what I say. I will never, ever, ever not be compensated for my time working.

 

[iGas]

Your company can't force you to work, but they can fire you.

 

[thepd7]

You have no right to only work 40 hours a week. You only have the right to be paid more IF you get paid by the hour. A company certainly can fire you for not doing your job if the job requires more than 40 hours.

first post, nice work. You are correct.

 

[JulesMaximus]

Most sucker professionals. I said what I mean and mean what I say. I will never, ever, ever not be compensated for my time working.

There are very specific rules defining who can be exempt and who cannot. The EDD loves going after businesses that classify employees incorrectly and the fines are hefty. Most companies with a halfway competent HR department will err on the side of making employees hourly to avoid getting nailed with these fines.

 

[Slew Foot]

Haha. Working for other people sucks.

 

[Chaotic42]

Most sucker professionals. I said what I mean and mean what I say. I will never, ever, ever not be compensated for my time working.

You are compensated on salary. You're compensated per year.

 

[spidey07]

You are compensated on salary. You're compensated per year.

With overtime above 37.5 or 40 per week. I will be compensated or I won't give you my time.

What part of salary non-exempt do you not understand?

I will never, never ever, never ever be salary only. Never, ever, ever again. My life is my time and you WILL pay me for it.

 

[alkemyst]

That's the WHOLE POINT of being a salary worker.

no it's not.

there is a few rules on it.

And merely being paid a salary in itself does not exempt an employee from the minimum wage and/or overtime pay requirements. If an employee is paid a salary and is not paid time and one-half overtime pay for hours worked in excess of 40 in a workweek, then a determination must be made as to if the employee is a salaried-exempt employee or not. The main categories to be a salaried-exempt employee are for executive (supervisory) employees, administrative employees, and professional employees who meet certain requirements.

Programmer is one of the categories that is salaried exempt. As long as you make the bullshit $455/week they can work you as long as warranted.

There legally is no limit to the number of hours an adult can be required to work in a week.

There are laws on breaks and minimums between returning to a shift...but those are easily manipulated.