Tuesday, October 26, 2010

I work 60 hours a week no breaks and get paid salary but im not in management? is this fair? -

Depends if you re forcing yourself not to take breaks, or they are telling you that you can t take breaks. Also, just because you re not management, it doesn t mean you don t fall under an overtime exemption status. Most salaried business professionals who have a job that takes a bit of cognitive ability fall under some overtime exemption.I m on salary and feel like I have to work 80 hour weeks sometimes just to keep up. What dawned on me though, is if I work that hard, management is not going to realize they are under staffed. So, I m basically creating the problem I m suffering from by getting things done on my personal time. Not an economy to be rocking the boat, but if you don t mind risking your job. Start just doing 40 hour weeks, and if you fall behind, but you re working hard...then explain to your employers that they are under staffed. If they try to compare you to other employees who are doing more than you, your defense should be that those employees are working hours they should not be in order to pick up the slack. Document all this carefully, in case you re wrongfully terminated for refusing to work beyond what is reasonable. Also, check out to see if you actually do meet overtime exemption status. Look on both the Federal and State leave, because one might be more stringent towards the employer than the other.

At the time I went thru this on 2 different jobs the Fed Wage and Hour Dept. had it listed that unless you supervise or administer work to 3 or more people, you qualify for overtime. That wages is just an excuse some employers use to get out of paying overtime. Check the Wage Hour regs now to see. You must have a list of dates and hours worked for them to enforce. Luckily I had kept such a list and got a check really fast.

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