I work for a small company (about 40 people), based in Texas. The owner has everyone as salaried employees, not just managers. Is this legal ? He requires us to be on call and work longer hours when required, but does not want let us leave early or miss any time when we need to be out of the office during business hours, we have to make up for missed time. It doesn't seem fair, am I wrong ?

Hello P:

No, you're not wrong. But, if you stir the waters, you'll get fired. In these tough economic times, I don't know if I'd be the one making waves... Ok, that's wrong. Of course, I'd make waves. But, I could get another job easily...

So, the question is, what do YOU want to DO about it?

excon

I would like to stand up to him, but haven't a clue the best way to do it. Where can I find legal reference to back me up ? I don't want to hire legal counsel, I hope it doesn't get that far...

Hello again, P:

Here's what I would do. I'm not going to do the research for you, but if you Google hourly vs salary, you'll come up with all sorts of cites that'll discuss the differences in detail...

Once I had some good references to show my boss, I'd write him a very polite letter pointing out his obligations under the law, and your request that he adhere to them. Tell him further that you hope that the situation was an oversight but, that once informed of the law, you're sure that he'll comply. I'd leave it at that. I'd make NO threats.

Send your letter certified, return receipt requested. If he DOES fire you, you may be able to claim whistleblower status, and that his firing you is in retaliation for your letter. Of course, with a copy of the letter, you'll have PROOF.

excon

I will keep looking to find the legal details... When I googled today, I found this site. I appreciate your responses and advice, thank you !