I thought we abolished slavery

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JeffT

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Feb 22, 2011
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Spring, TX
Welcome to the new economy... Avoid staffing to normal levels and expect whoever is left to work to the breaking point.
 

mredburn

IAP Activities Manager
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Jul 5, 2009
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Location
Fort Myers FL
We have an attorney down here that advertises regularly (daily) on the radio for people with just that kind of situation. You may wish to speak to an attourney it may violate the law.
 

JimBellina

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Joined
Jun 25, 2011
Messages
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Location
Charlotte, NC
I'm no lawyer, and you may not want to lose a job over this, but unless you qualify as an exempt employee then they have to pay you for overtime under federal law.

If it was me I'd work it, turn in the hours or otherwise keep some evidence of the time worked, maybe send status emails that look innocent but that are really just to log the time, and then decide what to do later. If you really don't like them, then suggest that other folks do the same; someone will decide to fight it and you'll get the benefit without the downside risk.

FYI, I typically work 12+ hours per day 6 or 7 days a week, and don't get paid by the hour...but then I own the company. My employees except for mgmt and some sales folks all get OT...unions exist because mgmt makes stupid decisions.

Jim
 

Grim Spirit

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Joined
Dec 30, 2008
Messages
120
Location
Mobile, AL
While the idea DOES suck, it fails even to approach the definition of slavery.

You do have the option of walking away, and you are getting paid.

When our company switched to a new operating system I would have loved to been able to limit my time to a mere 16 hours a day, 7 days a week. This went on for over 3 months.

I stuck it out because: a) the pay was good, b) the business depended on it & c) I just didn't feel like changing jobs.

You have to ask yourself: "Is it worth it."

Good luck, either way.
 

Andrew_K99

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Joined
Feb 17, 2011
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1,571
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Waterdown, ON, Canada
Before commenting it'd be nice to know what you do and how long this goes on for. Some jobs have these hours where you're on duty ready to go but not actually working all the time you're there.
 

Smitty37

Passed Away Mar 29, 2018
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Exempt

We have an attorney down here that advertises regularly (daily) on the radio for people with just that kind of situation. You may wish to speak to an attourney it may violate the law.
Salaried Employees are often "exempt" for the uninitiated exempt means "exempt from federal and state overtime laws". Management is always exempt - engineers and other highly professional positions are usually exempt.

I worked for IBM for 32 years and was exempt for 25 of them. Needless to say I didn't know what a 40 hour week meant. In an average year I worked enough extra hours to give back all of my vacation (5 weeks most of my career) all of my holidays (12 most of my career) any of the few sick days I took (average about 2 per year) and any special time off I got (for things like weddings, funerals, graduations, etc.). Plus a little.


On the other hand during slack periods when the non-exempts were not getting any OT - I made a LOT more money than they did.
 

thetalbott4

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Dec 3, 2005
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Location
Roy, Utah, USA.
Salaried pay doesnt exist as a way to screw people. It exists to give the company and the employee an even payroll over the course of a year for planning purposes. The idea is that you will work a lot of hours at certain times, and fewer hours at other times (or be compensated for the extra hours you work). I have been salaried most of my life and understand that I will put in an ungodly amount of hours at times, but I also expect to be compensated for it in some way. I would never think of shorting the company on hours, so why should it be ok for them to short me?

If you take a guy making $20 an hour, and working 10 hour days, he is giving the company 10 hours o.t. a week at $30 an hour, which is $300. Do that 50 weeks a year and you just ****ed away $15,000. Amazing how fast that adds up. I know my situation may be different than some, but where I work, they would not be impressed with someone who is financially irresponsible enough to get hosed out of their wage. And likewise, I wouldnt work for a company that would screw thier employees out of the money they earn. It should work both ways. Just a thought.
 

sbell111

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Jan 16, 2008
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Franklin, TN
When I lived in the corporate world, I would work 60ish hours a week whenever I needed to, but I'd also go play golf a couple times a week during those times when the work didn't require me to be 'all in'.

Those were the days...
 

Smitty37

Passed Away Mar 29, 2018
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maybe

Salaried pay doesnt exist as a way to screw people. It exists to give the company and the employee an even payroll over the course of a year for planning purposes. The idea is that you will work a lot of hours at certain times, and fewer hours at other times (or be compensated for the extra hours you work). I have been salaried most of my life and understand that I will put in an ungodly amount of hours at times, but I also expect to be compensated for it in some way. I would never think of shorting the company on hours, so why should it be ok for them to short me?

If you take a guy making $20 an hour, and working 10 hour days, he is giving the company 10 hours o.t. a week at $30 an hour, which is $300. Do that 50 weeks a year and you just ****ed away $15,000. Amazing how fast that adds up. I know my situation may be different than some, but where I work, they would not be impressed with someone who is financially irresponsible enough to get hosed out of their wage. And likewise, I wouldnt work for a company that would screw thier employees out of the money they earn. It should work both ways. Just a thought.
Exempt employees were expected to average 7% overtime where I worked. Rarely their manager could give them a "comp" day. I worked an average of 12 - 13 hours per week (about 500 - 600 hours per year) most of my career. Less the last 4 years.
 

Russianwolf

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Martinsburg, WV, USA.
As the CFO/HR director I went through this recently. The laws on this are very draconian. If the DOL gets involved, the penalty is twice what's actually owed (all going to the employee) and possibly triple is they determine that you knowingly misclassified the employee. In term of tracking, they will use whatever the best information is to determine the OT owed. So if the employer doesn't have a computer log, time punch or something along those lines, the employees claims are generally upheld.

As far as who is exempt and who isn't. Here's the convoluted stuff. It's pretty much Executives, Upper Management, and Specialized professionals (lawyers, accountants, engineers, programmers,etc.), or you make over $100k.
 

Smitty37

Passed Away Mar 29, 2018
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As the CFO/HR director I went through this recently. The laws on this are very draconian. If the DOL gets involved, the penalty is twice what's actually owed (all going to the employee) and possibly triple is they determine that you knowingly misclassified the employee. In term of tracking, they will use whatever the best information is to determine the OT owed. So if the employer doesn't have a computer log, time punch or something along those lines, the employees claims are generally upheld.

As far as who is exempt and who isn't. Here's the convoluted stuff. It's pretty much Executives, Upper Management, and Specialized professionals (lawyers, accountants, engineers, programmers,etc.), or you make over $100k.

Pretty much the same as it was 20 years ago. You omitted "administrative".... All IBM employees were salaried in that their pay was calulated on a weekly basis (monthly for exempt) --- except overtime for non-exempts which was calculated on an hourly basis. Exempt overtime (rarely paid) was a specific amount paid by the month and was paid whether or not you worked it. It is interesting that in the many years I was exempt there was only 1 month that I got scheduled overtime and due to a problem in getting parts from a vendor we didn't work an hour that month. We made up for it in spades when the parts finally arrived.
 

Russianwolf

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As the CFO/HR director I went through this recently. The laws on this are very draconian. If the DOL gets involved, the penalty is twice what's actually owed (all going to the employee) and possibly triple is they determine that you knowingly misclassified the employee. In term of tracking, they will use whatever the best information is to determine the OT owed. So if the employer doesn't have a computer log, time punch or something along those lines, the employees claims are generally upheld.

As far as who is exempt and who isn't. Here's the convoluted stuff. It's pretty much Executives, Upper Management, and Specialized professionals (lawyers, accountants, engineers, programmers,etc.), or you make over $100k.

Pretty much the same as it was 20 years ago. You omitted "administrative".... All IBM employees were salaried in that their pay was calulated on a weekly basis (monthly for exempt) --- except overtime for non-exempts which was calculated on an hourly basis. Exempt overtime (rarely paid) was a specific amount paid by the month and was paid whether or not you worked it. It is interesting that in the many years I was exempt there was only 1 month that I got scheduled overtime and due to a problem in getting parts from a vendor we didn't work an hour that month. We made up for it in spades when the parts finally arrived.

The administrative exemption is the "upper management" that I mentioned. I didn't want it to be confused with some of the admin positions that are non-exempt (executive assistants for example). For example, as the CFO I'm administrative management and exempt, I don't fit into the executive exemption. Many managers, if not specifically admin (meaning that they are revenue makers, which admin isn't), are non-exempt according to the legal opinion I got a while back.
 

Smitty37

Passed Away Mar 29, 2018
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Milford, Delaware 19963
Yes

As the CFO/HR director I went through this recently. The laws on this are very draconian. If the DOL gets involved, the penalty is twice what's actually owed (all going to the employee) and possibly triple is they determine that you knowingly misclassified the employee. In term of tracking, they will use whatever the best information is to determine the OT owed. So if the employer doesn't have a computer log, time punch or something along those lines, the employees claims are generally upheld.

As far as who is exempt and who isn't. Here's the convoluted stuff. It's pretty much Executives, Upper Management, and Specialized professionals (lawyers, accountants, engineers, programmers,etc.), or you make over $100k.

Pretty much the same as it was 20 years ago. You omitted "administrative".... All IBM employees were salaried in that their pay was calulated on a weekly basis (monthly for exempt) --- except overtime for non-exempts which was calculated on an hourly basis. Exempt overtime (rarely paid) was a specific amount paid by the month and was paid whether or not you worked it. It is interesting that in the many years I was exempt there was only 1 month that I got scheduled overtime and due to a problem in getting parts from a vendor we didn't work an hour that month. We made up for it in spades when the parts finally arrived.

The administrative exemption is the "upper management" that I mentioned. I didn't want it to be confused with some of the admin positions that are non-exempt (executive assistants for example). For example, as the CFO I'm administrative management and exempt, I don't fit into the executive exemption. Many managers, if not specifically admin (meaning that they are revenue makers, which admin isn't), are non-exempt according to the legal opinion I got a while back.

That one (administrative) is a little dicey....I was in a dicey position myself. I was in a job that was sort of between engineer (clearly exempt) and technician (clearly not exempt) I worked on one-of-a-kind special equipment, I participated in the design and I was responsible for testing the same job as junior engineers but I didn't have an engineering degree. They finally created an exempt job code for the kind of work I did with advancement in the engineering ranks. After a couple of years they decided I had enough engineering education for the title.
 
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