US Labor Laws - Excess work without just compensation - Illegal?

Question

I know of a company that encourages its employees to work around the clock as a means of getting a promotion. The company works employees as hard as they are willing to but will only compensate them 40 hours a week. Some are putting in 80 hour weeks. I understand that is not legal. The culture of the company has got so bad that it almost is an expectation. That if you do not put in your free hours your not company material. LABOR WITHOUT JUST COMPENSATION. The company coerces all its employees to work excessively, but wihout pay beyond 40hours (though many work 80 hour weeks). Again. Illegal? Correct?

Answer 1

If these people aren't salaried, it's totally illegal. Did you hear about the lawsuit Walmart is getting because they encouraged employees to work off the clock? Yes, very illegal. Call the LRB (Labor Relations Board).

Answer 2

Depends on whether or not the job is "exempt" or "nonexempt" inder FLSA - Fair Labors Standards Act, "Exempt" meaning not required to pay overtime after 40 hours in a week. Their are several "exemption" classes -- Professional, administrative and Managerial. There is a test to determine whether or not a job meets the requirements for any of these exemptions.

There does seem to be a couple of industries that get around
this my some kind of "tradition" -- advertising comes to mind.

Seems like this management is not to bright becasue the quality of work diminshes with fatigue, bit this practice is the norm in the Investment Banking Profession.

Anyway, sorry if that is too much info, if you want to email me with more specifics regarding the jobs you are talking about, feel fre to do so

PS the first answer is wrong, it has nothing to do with discrimination or what "a reasonable person would do, it all hinges on "exempt or nonexempt"

Answer 3

Correct. However - heres the hard part without a whistle blower / and Documented evidence of discrimination against those who do only work 40 hours, the case will go nowhere due to the " Look a reasonable and prudent person would choose not to keep doing something they did not like to do".