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jphillip
Jun 30, 2011, 04:10 PM
Considering a Exempt position means employer pays no overtime above 40 hours in a 7 day period,
The Exempt employee must delievr a minimum of 40 hours in a 7 day period.
Doseemployee refuses the exempt employee have rights to refuse any time beyond reasonable hours of extra / overtime. Example work week 40 hours + 20 hours (or more) additional every week and told (Must be on call and available 24 hours 7 days every week?
If the exempt excessive amounts of overtime and the demands to be on call 24 hours a day and work 6 days per week and get fired do they have a legal case against the employer?

J phillip

Fr_Chuck
Jun 30, 2011, 08:01 PM
60 hours a week is not excessive at all for salary and esp management people.

And if in management often the higher you go, the more on call you will be. I have had bosses calling me in the morning, I had to have fax machines in my home to look at faxes *** before computers and emails. Not uncommon to start at about 6 am and still get calls sometimes at 8 or 9 at night.

And while they should understand that you may not always be available, they can also replace you ( fire you) if you are not available when they want you badly or if they think you are not working as much as they require.

And no there is no "legal case" except you can draw unemployment

jphillip
Jul 1, 2011, 04:23 PM
Chuck, thank you for your insight.
I am currently working 340-360 hours per month in the facility and on call the remainder of the time. This is beyond reasonable.85+ houors per week and told to be available 7 days and nights per week. I have also been informed via e-mail I must use vacation time (that must be approved prior to using ) or a Personal day to have any time off. I have addressed this with the foreign upper management with facts of favortism with their fellow contrymen who do not work 1/3rd of the hours I do and are paid 50% + more than I am and do not have the education or skills I have certification for. They meaning upeer management and the head of HR have made it clear they do not care. I can read between the lines clearly but prior to my departure I want to have clairity from Legal council.

Sincerely,
Refusing Legally

AK lawyer
Jul 1, 2011, 04:48 PM
... but prior to my departure I want to have clairity from Legal council. ...

If advice of legal counsel is what you want, you had best hire an attorney. What you are getting here is often good advice, but it is not a substitute for a legal opinion from a lawyer in your area.

Fr_Chuck
Jul 1, 2011, 04:49 PM
I did fail to ask where this was, and a general idea of the pay.