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by Anon on January 30th, 2007

Anon

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Is it legal for a company to make a salaried employee work 60-80 hour weeks for months at a time and spend many nights away from home (without overtime or extra vacation time) when it negatively affects the employee's health?

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Answers. 16 helpful answers below.

  • by angjoy on January 30th, 2007

    angjoy

    Welcome to management! Which is what the majority of salaried positions are about. After 22 years of that insanity of mostly 70/90+ hours a week I had a ruptured brain aneurysm at the very young age of 52. And the owners never even visited me in the hospital. Wasn't that a kick in the pants? I felt like I raised my son on the fly while trying to keep their business going for them and I damned neared died for it. Though on the bright side, it was the first real vacation or sick time I had had in all those years. My best advise to you is first look at your home situation. Simplify your life style. Do you really need all the electronics, the closets brimming with clothes, the newest cars, the services, the eating out and so forth. Have a family pow-wow; see where you can trim/eliminate expenses. You really need to involve the entire family in this. They need to understand that your health and happiness is just as important and vital to the family as each of theirs. They don't want to give up their cell phones? Fine, they agree to stay with in the alloted minutes and you do away with the land line. Do you watch 1500 cable channels? Par down to basic cable and introduce family game night. The idea is to streamline your budget and your life. Then, find a job that will give you the freedom to enjoy your life. And most importantly, a job that you enjoy doing. One that you feel you are making a difference to somebody's world. A feel good job at a pay that will comfortably take care of you and your family at your new established budget and standards. Otherwise you may find yourself in my situation or even worse. After 22 years of work, I didn't leave with a gold watch, rather after 2 brain surgeries, I left with an erector set in my brain. I finally have my brain unscrambled after 2 years, though I still need the aid of a cane, have cranial palsy in my left eye which has effected my eyesight and simplying my life to living within disablity pay. My greatest adjustment has been not working out in the public. I've never been a lazy person, so this has been a huge shock to my system. But I have to tell ya, as much as I miss not working right now, and hope to get to the point when I can again, I've never been happier than I am right now. I sleep all night. I'm more relaxed. I didn't realize how much I had been missing not being with family and friends and doing things around the house. So in answer to your question, yes, it is very legal to make salaried workers work ridiculous hours for less pay. It's not right. It's not moral. However it is legal. Actually, I think salary is clingon for stupid or slave or something. Never-the-less, you need to find a sense of joy in your life. The next thing you need to do is to write and Action Plan for your Happiness. I wish you all the best in this venture. ~ang

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  • by debyszoo on January 30th, 2007

    debyszoo

    In the USA, there are federal labor laws that require overtime for EVEN salaried workers. The trick is that the employers can file exemptions and there are many of them. Just because a company lables someone a 'manager' it does not mean the exemption the company took was in legal boundaries. There are specifications that a company must meet in order for them to legally do that. (Many companies do this anyways and ignore the labor laws and as long as employees do not research it, and then report them if necessary, it will continue like that) It is in everyones best interest to go to the federal government website, the labor department and look at what specifications the law allows to exempt any employee from overtime or not.

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  • by Anonymous on March 9th, 2007

    Anonymous

    If you fall under the 40 hour, seven day work week, defined in the Federal Fair Labor Act, you should be receiving time and a half for any hours worked over 40 in seven days.

    Find a copy of this law on the wed, copy it and give it to your employer. if no success, then file a complaint with the U.S. Dept of Labor.

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  • by badmudda on March 8th, 2007

    badmudda

    Yes they can make you work those hours because you chose to work for salary rather than hourly. Unless you had a contract agreement when you were hired, there isnt much you can do. This is why many employees turn to union organizing because of the way management treats their employees. However, even with an inhouse Union contact, the NLRB does not allow for managerial/confidential employees to be a part of the Union. Remember this though, health is very important and unless you get your company to understand that you are getting burned out, its best that you move on to an Employer who really appricates your time and efforts. There are many good companies out there looking for someone like you!

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  • by Anonymous on January 31st, 2007

    Anonymous

    It may or may not be legal for them to make you work overtime without compensating you for it. You need to read the FLSA (Fair Labor Standards Act) and determine if you are indeed "exempt" (being on salary doesn't automatically mean you aren't entitled to overtime pay - contrary to popular belief).

    See if you are covered by the FLSA
    http://www.dol.gov/esa/regs/compliance/whd/whdfs14.htm
    See if you are exempt under the FLSA
    http://www.dol.gov/compliance/guide/minwage.htm

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  • by Valparaiso on January 30th, 2007

    Valparaiso

    Yes Kitty its legal. They can make you work as many hours as they feel like making you work and if you don't work them they can fire you too.

    In my state they don't even have to have a reason to fire you. My boss can literally tell me I'm fired and not give me any reason what so ever.

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  • by WagesNow(dot)com on April 27th, 2007

    WagesNow(dot)com

    If you are legitimately exempt from the requirment to be paid overtime wages ("exempt"), then yes. However, if you are really being made ill, you may have a claim for worker's compensation benefits, and the right to ask your employer not to make you sick.

    However, salaried does not automatically mean exempt. Exemption requires that your duties be primarily managerial. If you are primarily production-oriented, then you are entitled to overtime pay for all those overtime hours. Your employer can still require you to work the overtime, subject to the illness limit discussed above, but you also have to be paid overtime wages.

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  • by Junk Yard Dog on January 31st, 2007

    Junk Yard Dog

    Read your contract......

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  • by timetogetserious on January 30th, 2007

    timetogetserious

    In Australia it would be well and truly illegal.

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  • by Katie on January 30th, 2007

    Katie

    Honestly, you do the job until you get it done. I teach. I work 60- 70 hours easy per week. When you are on salary, you can get short changed. Hope you love your career! Hourly jobs... they have it good, I love it when my husband gets contracted hourly, rather than salary! CHA CHING!

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  • by Anonymous on January 27th, 2008

    Anonymous

    A company cannot make you do any work (otherwise, it would be called slavery). However, a company can fire you if you don't do your job. So the answer is yes.

    You say "salaries," which I will assume you mean salaried exempt. With that said, you should note that only certain jobs qualify as salaried exempt positions. If your job does not qualify, your employer can still have you work all those hours so long as you are paid OT.

    There is one more caveat. Although the above is true generally, some states have laws that require a day off every week (or something similar). If your state has such a law, and the employer is violating it, then it would not be legal.

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  • by Zinger on January 27th, 2008

    Zinger

    Yes if that employee is not exempted from overtime or had that exemption voided by the employer's actions.

    Be be exempted from ovetime an employee must be paid at least $455 per week, be paid a salary basis and perform the duties of a bona fide exempt executive, administrative, professional, or outside sales employee. see www.overtimelawyers.com/exempt.htm

    Secondly, even if the employee meets all the requirements of being exempted from FLSA. That employee may still be entitled to overtime after all if the employer violates the law by making illegal deductions see www.dol.gov/elaws/esa/flsa/overtime/cr4.htm#2

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  • by Anonymous on April 13th, 2008

    Anonymous

    Okay so I hear all you people out there giving reason why an exempt salaried employee can be required to work 60 to 80 hours a week.
    I enjoy the personal stories that only show that you have not read the FLSA labor laws.
    The guy who says they can fire you in your state for no reason at all that is altogether totally different. That is where right to work laws are in place and even then you cannot be terminated without a great deal of paper trail on you.
    FLSA contain specific guidelines in which employers illegally classify employees as salaried employees.
    The advice to employers is to not focus on time worked but on the work itself which in itself is not fool proof.
    I had a boss who attempted to discipline or get me fired at one time. The company attorney told him if I was working the 48 hours he could not to anything.
    An employer as well cannot contract an employee over 48 hours per week. they can schedule you within those hours per week but cannot force you to work more than that.
    Currently employers are attempting to get as much as they can for as little as possible. Don't let them. Fight for your rights and that of others.

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  • by Anonymous on June 25th, 2008

    Anonymous

    So another anonymous person made the point that you can be fired for not doing your job. HMMM.
    My question to those who think they are not doing there job look into what is actually your job duties.
    Unfortunately a lot of my job duties are implied or assumed and the responsibility for those duties are also those of the person directly above me. Since they have in a sense been delegated to me then I become directly responsible for those job duties.
    So I have done some research in regards to what I actually signed up for. I never signed a contract that detailed a great number of the job duties that I was expected to take on.
    I have a job that proves to be impossible to complete or handle each and every emergency in a single day. So something has to be left for another day.
    I just had another higher up from the office say that he questions my commitment and efforts do to current results. It was amazing to listen to. We have what they call a weekly reporting system that I always recieve A's on.
    Here is the dilemma. I don't want to move up due to the implied time commitments. My Children need me home. Since then I believe this has caused a question to my commitment and effort. I choose not to stay late, give up lunches.
    How many salary people work all those hours without compensation, lose their families as a result and children grow up without one of the parents? For what to get a pat on the back for a great job.
    One time I know of a company that required employees to log volunteer time into a system which then the company would state or in a way take the credit for.
    This was unethical to say the least.
    So once again there all these people stating what these companies are doing and it is getting worse. Has anyone filed suit or been successful in maintaining the boundaries the FLSA was set up to protect?

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  • by qwerty on September 26th, 2008

    qwerty

    if your 'mamagement exempt' yes, do you make $455 a week or more, do you manage 2 or more employees, is your primary job managment, if so in the US your exempt from ot. Why are you working 80 hrs weeks. I get my work done in a 40-50 hr week. you have latitude here, can you organize better and be more efficent or is your boss telling you you have to work 80 hrs per week, how you execute your duties is usually up to you in these jobs???

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  • by Junk Yard Dog on January 30th, 2007

    Junk Yard Dog

    Frame the boss, extort a severence package, get a job at McDonalds for tax purposes, and buy a big bag of weed. Then think about things for a year or so....maybe go on a vacation......

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