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My husband works for a prominent Fortune 500 Co. and works 50+ hours a week. He is salaried, considered management though no-one works below him, 10-12 hour days, sometimes w/o a lunch break are the norm.
He is the top performer in his dept. and has the Company reviews to prove it.
My husband shrugs and says "they can do whatever they want"
Is this true?
Is this legal?
Does my husband have any recourse, legal or otherwise?
Does he have a future of unfair wages & bloodshot eyes?

2007-04-30 06:40:07 · 9 answers · asked by Anonymous in Politics & Government Law & Ethics

9 answers

If he is on salary, he is due no o.t. compensation. That's why hes on salary. Your husband is right, they can schedule as many hours as they like. Your husband has the option of looking for another job.

2007-04-30 06:46:41 · answer #1 · answered by Anonymous · 0 0

He is right.

When you are salaried, typically they pay you based on a 45 - 50 hour work week. You agree to this when you accept the position. That is one of the "perks" of management.

I know there is something now that they can't make you work consistantly above 60 hours per week without some sort of compensation in addition to your normal pay. But that would take contacting the labor department to find out exactly the regulation.

Your husband DOES have recourse - he could take a demotion to an hourly job, and get paid for his time. He could also go work for another company. He is the one that has the choice. If he is truly unhappy with the job, that is what I would do.

2007-04-30 07:08:21 · answer #2 · answered by volleyballchick (cowards block) 7 · 0 0

If your husband is truly a non-exempt, salaried employee, then he can be required to work long hours. But, very often, employees are classified as "exempt" when they really are not. You can check out the U.S. Department of Labor website for information about classifications. I've included a cite, but there's lots more information on the website. Also, depending on what state you live in, the rules may be tougher. California in particular has very tough rules about exemptions. You can learn more at the state Division of Labor Standards Enforcement web page. One rule of thumb: just because someone earns a salary does not mean they are exempt. The employee must meet other requirements relating to his/her job duties as well.

If your husband has been incorrectly classified as exempt, he is entitled to back pay for unpaid overtime (although for political reasons he may be reluctant to pursue this).

2007-04-30 07:05:50 · answer #3 · answered by LawMom 3 · 0 0

He's salaried and very likely classified as an exempt employee. There are tons of us exempt employees who work way more than 40 hrs a week. In general though, exempts make more money than non-exempt (e.g. hourly).

So, does he get good raises, bonuses, stock options?

It goes with the territory. Find ways to balance work/home and if it doens't end, there are always other jobs.

2007-04-30 06:45:01 · answer #4 · answered by dapixelator 6 · 0 0

Yes, as long as his job qualifies as exempt under the far labor standards act. There are exemptions not only for management, but also professionals and administrators, there is a simple test to determine this. I could answer the question better if I knew what his job is -- it sounds like either he is very closely supervised (no lunch breaks) or ....

2007-04-30 06:51:07 · answer #5 · answered by Anonymous · 0 0

if he is a salaried employee then the company can require your husband to work more then 40 hours a week w/o additional compensation assuming it was in his job description,

2007-04-30 06:46:25 · answer #6 · answered by goz1111 7 · 0 0

certain, that is one hundred% criminal. in case you don't love it, you're completely loose to stop and are available across a job with an agency with more advantageous regulations. You do comprehend that they do no longer ought to grant you any PTO interior the first position, accurate?

2016-11-23 17:30:29 · answer #7 · answered by lacuesta 4 · 0 0

Yes, it's perfectly legal for exempt employees to be worked to death. In Japan, it's called "Karoshi" (death from overwork), most Americans quit before they die, though.

2007-04-30 06:44:42 · answer #8 · answered by B.Kevorkian 7 · 0 0

Yeah- that is the Downside to Salary.

2007-04-30 06:47:43 · answer #9 · answered by Anonymous · 0 0

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