fired for refusal to work 60 hours/week (salaried)

[JustWondering]

I am a salaried employee in state of Pa. Recently I was given an ultimatum - either work 60 hrs /week (and 80 hrs/week during the holidays) or resign. Since I have night school obligations, the best I could give them at this time was 50. They refused and again asked me to resign. I refused and told them they would have to fire me. They did. Can an employer force this condition on a salaried employee in order for them to stay employed ? I never signed anything to this affect when I hired on - they all of a sudden imposed this ultimatum. Is this even legal ? What is the definition of a salaried employee - I thought that salaried employees have no set number of hours - working 40 or 90 hours gets you the same pay. I do NOT get paid overtime and would not in the future. Also they recently made us start doing timecards (punch a timeclock)to prove to them whether we were giving them 60 hours or not. Hourly people are not being imposed with this ultimatum as a requirement for continuing their employment. Please advise...

 

[ALawyer]

Under Federal and most states' laws there are tests in terms of resonsibility and pay levels to determine when you fall outside the scope of protection of the wage hour laws -- merely saying you are "salaried" so you must work 60 hours does not meet that test.


Go to the state department of labor for initial advice.



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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com

 

[JustWondering]

To the person who responded to my problem. I just do not understand your answer at all. Are you saying that this might not be legal depending on what state I work in if my responsibility and pay level fall WITHIN the scope of protection? What if I fall outside the scope of the law's protection - is this what I need to find out from the state? If it ends up that I AM protected, then might I have a case with this ???? Please respond ASAP if you can and thanks for your time....