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Labor Question for those with DOL experience

Discussion in 'Off Topic Threads' started by bigdogtx, Feb 4, 2011.

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  1. bigdogtx

    bigdogtx Well-Known Member

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    Here is the situation. My daughter who is on a good salary with a major corporation gets called in to work on "projects". A couple of weeks ago she put in 100 hours. There are several times during the year that this can occur. She earns no extra pay but does get "extra" vacation days but for some reason those never seem to appear. She is afraid to make any waves due to the current job market.

    I am concerned about her health and well-being and having absolutely no time with her kids or husband.

    My first question is; Can she be terminated for not being willing to work up to 100 hours a week without being paid for it? Secondly: Is she protected under/by Dept of Labor.

    Any option is appreciated.

    Thanks.
     
  2. g7777777

    g7777777 TS Supporters TS Supporters

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    A better question is- can she be competitive without working those 100 hour work weeks?

    That is why they call it a salary.

    There are some contractual salaried agreements though where you are treated as an hourly worker. She has an employment contract and the answer would be found between that and the employee handbook(most likely there is one), and any other policy letters that are published.

    She should be looking for another job, but her instincts are correct she does need to do whatever the job requires. Or they will find a way to get rid of her.

    If she isnt dedicated to working that hard though the next job she has needs to be downsized, as well as her expectation of compensation

    Regards from Iowa

    Gene
     
  3. cubancigar2000

    cubancigar2000 Well-Known Member

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    If she is salary then they are within their rights. If not, they are in big trouble
     
  4. Setterman

    Setterman Well-Known Member

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    Is it an office job? How many times a year does this happen? When we have bids due, our salary people put in a lot of hours.

    Another thing. If they are treating her poorly, they may be trying to force her out anyway. Any jobsite conflicts?
     
  5. bigdogtx

    bigdogtx Well-Known Member

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    Thanks all. In answer to some of your questions.

    Is it an office job? How many times a year does this happen? When we have bids due, our salary people put in a lot of hours.

    Yes, it is an office job. It once was only once or twice a year; now it is 4-6 times.

    Another thing. If they are treating her poorly, they may be trying to force her out anyway. Any jobsite conflicts?

    None at all. If she leaves or is fired they will have a hard time covering all the duties she does. No real conflicts that I know of, just one thing was told to her and not upheld. If she was actually getting the time off that they had promised, it wouldn't be as bad. When on maternity leave, they started calling her almost daily at 4 weeks as they couldn't get done what was needed.

    To Gn777777: Very competetive and they would be hard pressed to replace her quickly with all she can do and does do for them. Will be checking the EE handbook and job description.

    Rick, Will check on the CCH.

    Bottom line is she won't say no and they are, in this father's opinion, taking advantage of her. Like I say, she is putting in over 40 every week and this is becoming habitual. Getting paid for all the time would be one thing, but requiring all the extra hours without some remuneration of some sort....
     
  6. halfmile

    halfmile Well-Known Member

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    My wife is on the management side but gets paid by the hour. The Salaried people are all working long hours wothout any extra compensation. They are also constantly backstabbing their co workers to get another step up on the ladder.

    When someone gets fired he finds out by the locks changed on his office and his stuff boxed up outside the door. There is usually a security guard there to escort him out too.

    I don't know of any contracts, only the union workers have their conditions spelled out for them.

    HM
     
  7. Setterman

    Setterman Well-Known Member

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    Good jobs are hard to find. If she doesn't have a supervisor she can confide in, she either has to look for another job or speak up for more pay or less hours.If she does 60 extra hours for 6 weeks....3,600 hours with out extra pay?

    Rediculous.
     
  8. Barrelbulge(Fl)

    Barrelbulge(Fl) TS Supporters TS Supporters

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    Tell her to call a guy by the name of Sam Ray. He is with the D.O.L. he will infirom her as to what she needs to know for him to give her advice. Sams' number is 1-215-861-5329. I was having some employment problems a few years back and Sam was helpful. He is in the Philly office.

    Like Gene said above there are Salaried employees and there are semployees that are salary subject to overtime. Hope this helps, Bulge.
     
  9. mixer

    mixer Well-Known Member

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    Setterman,

    It's 360 hours not 3,600 but it's still rediculous.


    Eric
     
  10. sself

    sself TS Member

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    I will suggest that you read the information at:

    http://www.dol.gov/dol/topic/wages/overtimepay.htm

    A common misunderstanding of employment law is that there is a distinction between "salaried" positions and "hourly" positions. That is not a correct statement or understanding of wage law.

    The distinction is between "exempt" and "non-exempt" (from overtime pay) positions. Exempt from overtime positions must meet certain qualifications such as the type of work, the authority level of the employee, the responsibility of the position, etc. A "salaried" position may be either exempt or non-exempt.

    Federal law controls. Most states adopt the federal law or have a similar standard. Some states, like California, have state specific laws that are more restrictive than federal law.

    In short, you need to analyze whether your daughter's position qualifies as an exempt position under federal and state law. If not, she is entitled to overtime pay and can collect back pay by filing a claim with the U.S. or state labor department.
     
  11. Unsingle

    Unsingle Member

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    SSelf is right on the target. Go to the site and learn the languauge Personnel Directors talk in.
     
  12. Setterman

    Setterman Well-Known Member

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    Mixer,....she works 10 times harder than anyone else! (it was an inner head misconbobulation)
     
  13. chiefjon

    chiefjon Active Member

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    One of the first steps for her, IMHO, is to document, document, document...when was she called in, what was she told her duties would be, what did she in fact do. Hours worked, days worked, co-workers. A detailed journal will be of great assistance, should she need to seek outside or legal help to resolve any issue, in the future.

    JON
     
  14. W.P.T.

    W.P.T. TS Member

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    Have her contact the National Labor Relations Board and the EEOC (Equal Employment Opportunity Commission) ... These are the people who will have the answers to your questions or hers ... If there is anything unusual going on, these people are like Pit Bulls with PMS ... WPT ... (YAC) ...
     
  15. gailmk67

    gailmk67 Member

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    The above statements are absolutley correct. First she must be able to determine if her employment status is "salary exempt" or "salary non exempt" prior to making a decision as to an action path forward.

    Joe
     
  16. gundog

    gundog TS Member

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    The NLRB and the EEOC are not the places to go. Your daughter needs to indentify her status under the "Fair Labor Standards Act". She can do that by contacting the US. Derpartment of Labor and asking for the section that has enforcement powers over the " Fair Labor Standards Act". They will identify her status very quickly. If she is covered she would be entitled to over time compensation, however if no labor agreement is in place my guess is she will be opening the door to her termination on some other bogus chages.
    Sorry but that is the way to many employers operate these days. But tell her to take the fist step and find out her status ,then she can make an informed decision on how procede.
     
  17. Pull & Mark

    Pull & Mark Well-Known Member

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    bigdogtx, I'd tread very lightly on this matter with your daughter. Do not get involved or push her right now. Its very easy for office workers to get fired for no reason. This happens all the time and she will NOT BE getting any Unemployment benifits if this happens. This happened to my wife 2 years ago. We live in a right to work state and things are really bad out there right now. So if you don't want to help support her, and her family watch how you give advice to her. There are l00 people out there waiting to take her job at $4.00 (or more) less a hour and the bosses know it. Break-em all. Jeff

    Companies can find any fault they want to and fire you. Its your word against theres and you will lose. Trust Me on this one. They did it to my wife just so they would not have pay Unemployment Benifits before they went out of business.

    Thanks for the heads up Gene. Break-em all. Jeff
     
  18. g7777777

    g7777777 TS Supporters TS Supporters

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    Jeff I think you meant unemployment and she would get that if she were terminated unless she was terminated for cause.

    Exempt and Non Exempt is not in fact easy to determine unless of course you are one of the few places left that have a negotiated labor agreement in force. Thankfully there are not many of those left. Most have gone out of buisness. ( In general there are three tests that can determine if she is exempt or non exempt but there are ton of exceptions and also a lot of intrepretation about the tests for the third of these tests)

    As I stated - you want to look in the employee handbook and published policy letters.

    The absolute last thing you want to be doing is calling the EEOC or the DOL as has been advised by a number of people. Two criteria before calling these people;if you dont have a valid complaint and arent prepared to have a work conflict with your bosses over it, dont call these people. Notice there are two criteria I mentioned.

    Let me add a third factor- an unintended consequence. As a salaried employee that wants to move up in the management and salaried employee ranks--- if you call EEOC or DOL-be prepared to be known as trouble maker and just not be promoted or hired by other companies for "unknown reasons".

    Ya ya- I know that isnt legal to give out that type of information- so is she prepared to spend her entire working life either trying to sue people that wont hire her(good luck on that) or suing her current employer because she doesnt get promoted ( easier if in fact you can prove she was the best qualified or so much better qualified and recent to the EEOC or DOL complaint that it is retailiation on its face-- plan on needing some other direct evidence also)

    Now if for some reason she should be getting paid and isnt then the DOL would be the place to start.

    You do want to tread very carefully.

    Many people trying to move up in management or certian occupations just accept working 7 days a week. I spent many years in both the military and in the civilian world working 80-100 hour weeks- a lot of americans work that type of schedule and dont get compensated for it. My wife did also. People that have been hourly employees dont understand this and certainly they dont approve of it. That is the way it is however and every small buisness owner would fall in that category as well.

    If she is happy with her level of compensation she just needs to accept that this is how it is going to be for her working life.

    Anyone can be replaced nearly instantly- there are so many well qualified and well educated people that are unemployed now.

    By the way- in additon to working 100 hour weeks she also needs to figure out how to do graduate school at night and any free hours. My wife was able to get four additional graduate degrees over the years, working those hours.

    Women cannot command high salaries and do all the mother duties at the same time- cant happen. The guy in the relationship needs to step up. You also need to pay whatever dollars it takes to get supplemental child care.

    Regards from Iowa

    Gene
     
  19. hmb

    hmb Well-Known Member

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    I would suggest that you Google your state labor law and find out what your daughters rights are under the law in your state. HMB
     
  20. Bruce Specht

    Bruce Specht Well-Known Member

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    She should check with the HR dept. and find out what she has accumulated in vacation days. She could use an excuse that she wanted to plan a longer than noraml vacation maybe a cruise?
     
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