Is it legal for a company to force employees to work 7 days a week for 12 hours a day in another state? (temporarily)

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AvesPKS

Diamond Member
Apr 21, 2000
4,729
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Originally posted by: Narse
Originally posted by: AvesPKS
See, I'm confused. I have a buddy who works for GE, and he's salaried. To him, this means that if he wants to take off early one day when there's no work, that's fine. But if there's work to be done past quitting time, you stay until the work's done. Basically, that you work to the job, not the clock.

When I worked for the government, we got paid hourly, and filled out time cards (actually the secretary did it for all of us, regardless of whether we came in on time or not). You could get comp time or overtime (although overtime is rare) by working more than 40 hours a week, though.

So, if you're salaried and get overtime...how does that work? :confused:



Did you read azazyel's post?

From site...

Salary for Workweek Exceeding 40 Hours: A fixed salary for a regular workweek longer than 40 hours does not discharge FLSA statutory obligations. For example, an employee may be hired to work a 45 hour workweek for a weekly salary of $300. In this instance the regular rate is obtained by dividing the $300 straight-time salary by 45 hours, resulting in a regular rate of $6.67. The employee is then due additional overtime computed by multiplying the 5 overtime hours by one-half the regular rate of pay ($3.335 x 5 = $16.68).

Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked.

Yeah, I read his post, but I'm still confused. Basically, even as a salaried employee you can't be forced to work more than 40 hours a week without receiving overtime compensation...right? :confused:
 

tm37

Lifer
Jan 24, 2001
12,436
1
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Having been salaried I can say that given the choice I would go back to salaried in a heart beat.

You are exempt and because of that they are not required to pay you any overtime unless you reach a point where if you were working enough hours that Minimum wage surpassed what your salary is.

It is not like management has jsut decided that they can get more productivity out of you for less money. People are striking and the loss in productivity is going to be alot more than any gain you may see in non paid wages.

This is the time that you show you want to help and you suck it up.
 

Arkitech

Diamond Member
Apr 13, 2000
8,356
4
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Originally posted by: tm37
Having been salaried I can say that given the choice I would go back to salaried in a heart beat.

It is not like management has jsut decided that they can get more productivity out of you for less money. People are striking and the loss in productivity is going to be alot more than any gain you may see in non paid wages.

This is the time that you show you want to help and you suck it up.



I understand what you're getting at and I probably would feel the same way but every since my company has been taken over a couple of years ago, they have drastically reduced bonuses, cut thousands of jobs, virtually eliminated tution reimbursement and cut any salary incentives for earning degrees and technical certifications. So to be honest I really don't feel any need to show loyalty to company who undoubtely has none for me. Besides its ludicrous to expect people to work 7 days a week for 12 hours each day and not give at least SOME kind of incentive. Even if it is'nt monetary at least provide some kind of comp time for the sacrfice that many of us employees are making. And to make matters even worse many of my coworkers including myself will be working in other states during the strike coverage. I live in the south burbs of Chicago but my relocation assignment will be in Milwaukee so not only will be working around clock but I won't get to go home on my downtime and be with my family. And depending on the length of the strike that could put a strain on the most loyal employee. (the last strike the company had was for 3 months) So for someone to tell me to suck it up is talking out of their ass.