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Craig Plummer

Salary Employee Laws

34 posts in this topic

Does anybody know if there are any laws against the amount of hours and salaried employee can work? Or the amound of time in between shifts?

My Dad has been working just insane hours lately and it just doesnt seem right. comes home sleeps 2 hours and has to go back out. He works construction and is paid salary so he is not getting any O.T. It just doesn't seem safe to be working around heavy machinery exhausted with no sleep!

If anybody could inform me I would appreciate it. Especially if you know were I could find the actual law in print.

Thank You,

CP

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Under Federal Law, there are specific tests for whether or not a salaried employee is "exempt" or "non-exempt" from the regulations dictating O.T. for work beyond a 40 hour week. Each employee in businesses for which these rules apply should be designated exempt or non-exempt on their employment forms.

If your father is classified as an exempt employee, there is not much he can do...BUT unless he is superising other employees, I would bet he is functioning as non-exempt and should be getting time and one-half for hours above 40 per week.

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He is a supervisor but is exempt. No O.T.

My main concern was the amount of hours and only get 2-6 hours inbetween shifts.

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Do you suppose there is a possibility that he is allowing this to happen? Not trying to degrade him but too often we let our employers hold that almighty paycheck over our heads and thereby allow them too much power.

Sometimes we have to decide for ourselves when enough is enough and make a stand. Yes, we might lose our jobs but then if we do then chances are it was for the best as they obviously didn't value our service enough to consider our position.

On the flip side, we must value our own health and well-being enough to know when we've gone too far.

Maybe your father just needs to sit down with his management and tell them that he is getting burned out and his health is at risk. After all, what good is working if you're destroying your own health. Sounds to me like he has a very inconsiderate employer or they wouldn't allow this to go on just from a humane perspective.

Bob

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Does he belong to a Union?

If your father were to get injured or injure someone else this would be one hel! of a lawsuit.

Really, in Minnesota an employer can require any employee to work overtime. If they are qualified as non-exempt then overtime mst be paid. If the employee refuses to work they can be terminated.

Usually, a salaried employee who works over 40 hours should be able to work 20 hours the following week and get paid for the same amount. If you father wants he should call in sick - and not be charged sick time.

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Sure he's working that whole time? I'm not judging or anything, just saying, maybe he is out driving Nascar on the side or something.

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It seems that an issue like this was discussed earlier. There no longer is a need for unions, and all companies treat their employees fairly. At least that is what I got out of that other subject. Just my comments and not trying to bring up a dead issue or change the subject.

Hopefully there is just a misunderstanding between your Dad and what the company is expecting of him and he can get some sleep.

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I hear it all the time from fellow employees. The management expects this or requires this. What we fail to remember is that it is a two-way street. I was looking for a job when I found this one and my employer needed a position filled.

We discussed the terms of my employment and agreed to them. When my employer asks for more than our agreed contract then I have to make a decision. Will I accept the new terms or not? If not, then are we both prepared to accept the consequences, which could be either me leaving or they letting me go.

Each day I have to decide if it is worth it for me to go to work. When I conclude that it is not, then I won't.

What my management asks for an what I am willing to give might be two different things. I may and do work a lot of extra hours on occasion (I am salaried) but the key phrase is "on occasion." If they began to demand more, we may come head to head. So far that has not happened but I believe it is because I have made it clear how I feel.

There is certainly a risk with my attitude. I may someday be called on it. When that day comes, I'll have to make my decision based on my situation at that time.

Bob

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He should just suck it up and be glad that he has a job. What does he want? A life? Familly? Health? Geese, what a wimp. He should just work until he drops and then go bankrupt paying the medical bill. Golly gee that poor employer needs some more cocain to stuff up his nose and some bling for the mistress.

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Quote:
Golly gee that poor employer needs some more cocain to stuff up his nose and some bling for the mistress.

Wow

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dont need a union? this looks to me like a perfect example to need one. no ot pay with that many hours. are his bosses working the same hours?

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Each day I have to decide if it is worth it for me to go to work. When I conclude that it is not, then I won't.

Bob

You know the old saying, I came here looking for a job, I can leave looking for one! grin

I have about 65 hours in this week since Monday morning, and will roll out of here tonight I am hoping before Friday. I have a large proposal due for a new project that will keep me and my crews working for the next 2 years, so to me this is worth it. I like my job most days, and I like my boss, so I will continue to do this until these things change, but it is my call to do this, and no one else. I am lucky enough to have a wife who understands this, and we will be fishing all weekend with family, so there is a light at the end of the tunnel.

These items also are very involved in work reviews, and I have not failed at 15% raise each year since I have worked here. I don't want to speak for you Dad, but it must be worth it to him, and he also will come out of this a better man for it. Help him get through the hard ones, and he will certainly appreciate it.

As soon as this is too much for me or my family, I will not let the door hit my fat tushy on the way out! sleep

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Glenn...I don't know if you read the forum about a month ago, but there were several comments about unions being outdated, no longer needed, etc. Also several comments about how good employers were now compared to the 1930's and on and on.

I was being sarcastic, but also wanted to be sure that this didn't get off Gary's original question. Can they do this to my Dad????

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Short answer is yes. Minnesota is an 'at will' state. You have a contract with your employer. If you have a union the union document is the contract. Non-union you can make an arguement that you can rely on the employee handbook or any other document that states what the company policies are.

That said, every time you pick up a paycheck you agree to the then existing terms of employment. The employer can change them at will with few exceptions controlled by law. For example discrimination issues.

A short time ago a friend told me that his employer had instituted a policy that required employees to allow their lockers and their private vehicles to be searched at will, so long as the vehicle was on emplyer property. The friend had a choice - bow to the new policy or get another job.

I agree with previous posts indicating that your dad should talk to his supervisor to try and get the situation resolved. The hours seem excessive if done for more than a week or so.

The one thing I don't have a full grasp on is what limits there are on an employer declaring a position exempt or non-exempt. Check out the Department of Labor and Industry HSOforum noted early in this thread and that may be the best place for an answer. EDIT - I checked it out and the info doesn't seem to provide adequate information as it says you have to look at detailed rules but doesn't lead you to that information. Try this one instead http://www.dol.gov/dol/topic/wages/overtimepay.htm

As for unions - IMO if you don't have one you need one, and if you have one it probably won't do you much good.

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dude lake tom, sorry man. i didnt catch the sarcazm in your post. i did read all that about a month ago. its this topic is near and rear to me. i am a union member for close to 30 years and i am now an ast. bus. mgr. for the union. maybe i should just read and not comment on this topic. its like reading letters to the editor, need to refrian from responding to prevent a war of words. have a good one.

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If your working under Union contract you probably are not a salaried individual in most cases.

Contact the MN Wage and Hour link given in the previous post

Clarence Darrow:

With all their faults, trade unions have done more for humanity than any other organization of men that ever existed. They have done more for decency, for honesty, for education, for the betterment of the race, for the developing of character in men, than any other association of men.

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LOL....Glenn I guess we need to go back to Lisa and Tami's thread and keep out of the political realm. laugh

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ULT, this may or may not help any. When I was a bit younger, I spent (litterally) 7 days on the job, sleeping under my desk for naps, to hit deadlines. Not a union job. My boss didn't even tell me I HAD to, but we needed to get job done. It wasn't fun, but we didn't have to do it all the time. My wife got upset with those kinds of hours, plus my drive time when I would get home wink and me and co-workers had a talk with VP... told him we wanted more money and less crazy deadlines... we got both. For a time, then it started to hit again. That time I said family life is more important and changed jobs. Granted, I had job lined up, so it was easy.

If this is a one time gig (i.e. if he is working on the 35 bridge) then I think it best to tough it out and good things will/should come. But if it looks like those types of hours for normal routine job, then I, from expereince, would recommend looking for another job, for his sanity. Problem is, he doesn't have time to look for job... Catch 22...

good luck to him and you though, it does stink having no free time, much less even time to really get good sleep.

edit - ooops, I see Craig was original poster, not ULT, sorry!

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Quote:
dont need a union? this looks to me like a perfect example to need one. no ot pay with that many hours. are his bosses working the same hours?

Generally speaking, in order to be a salaried employee you are management or supervisory. This also usually means that you are not laborer so you are not part of the union. So even if this is/was a union shop, exempt employees would rarely if ever be a member of the union, so there would be no help there.

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Not to fuel the fire, but I have 3 friends who are union. They work 12-16 hour days all the time because they choose to. Funny thing is I make more money in 6 hours.

If someone is actually working more than 10 hours, it must be a pretty easy job.

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Why do you say that?

I don't think it is necessarily true that a job is easy if you work longer hours.

Construction workers work notoriously long hours.

Military personnel, fire fighters, and peace officers can be called on to work around the clock quite often and sometimes for extended periods. Farmers during spring planting and fall harvest quite often will work around the clock. Many of these don't get coffee and lunch breaks either.

Bob

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There are exceptions to everything, but there is a difference in "work" and a "job". I feel it is easier for me to work hard and get done in a reasonable amount of time. I don't think people would like me working on their house while they are having dinner or trying to relax at home.

My job is 24 hours a day, but my work time is only about 6-8 hours.

There are only so many hours in a day. I just feel it is foolish for anyone to have to work 12+ hours a day just to make a living. The reason for this is most are paid by the hour, not by production.

I didn't intend to put anyone down. Maybe it's just my line of work.

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You deserve your pay, I wouldn't want to do your job, especially on a pitch higher than 8, that being said, my son-in-law is in your profession and he doesn't understand how I can sit behind a desk all day. We each have our own talents and our pay should be determined by that, however, if there are two of us with equal skills and work ethic, we should be getting the same and equal compensation. The bosses best friend or the best boot licker should not be getting paid more than me if all is equal.

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