Unfair Contract ? (Salary treated as hourly)

[Don 944 LA]

What is the name of your state? Ohio

I have been talking to a company in Ohio that wishes me to relocate from California to Ohio and to fill a position maintaining Large Technical Specialized equipment ( High Volume Xerox Printers ).

I just traveled there for Contract talks, and I am rather confused and insulted on their offer.

(in a nutshell) :

Position as "Service Manager"
Salary: $xx,xxx / yr ( proper amount for cost of living )
Non-Compete agreement affecting ANY seperation encompasing entire local area.
Moving expense covered by them, and repaid if seperation for ANY reason.
Loan of $x,xxx for getting setup in housing etc ..
Be available and on call 24 hrs a day / 7 days a week.

However, this is the part I have issues with:
Minimum of 40 hrs a week (7-4), everything over is Comp time.
Physically working with the exception of lunch hour and (2) 10 minute breaks.
Clock in and out with a time card.


Now, I have been in this industry for many years and have had many Salaried jobs, and generally do what is needed above and beyond resonable expectation.
Once I get the equipment up to my standard, I would only expect to actually work on the equipment at the most 4 hours a day, and would expect the occasional nights and weekend problems to arise.
If this company were to outsource the service ( Xerox or another company ) they would expect to be spending 10 times the amount of my salary, and a technician would only be there when needed, generally hours after a problem arises and only during working hours or billed at a very high rate for after hour service.

They stated that the reason for the 2 breaks a day, is so that the " General workers / laborers " do not get upset that they do not have that option.

It is like they want the best situation of an hourly employee and the best situation of a salaried employee.
Especially having a non-compete for someone with those constraints..
I am also hesitant to bring in MY intellectual property ( knowledge & Experience ) plus my intellectual property on unrelated technology to have it exploited and vulnerable to aquisition.

I am looking for advice and any local legal precident before I relocate to a very bad situation.
Bottom line, I have never punched a timecard or been restrained by break time.

Thanks for any help
Don

 

[pattytx]

If you will actually be doing maintenance work on the equipment in any substantial amount, it is likely you wouldn't qualify as exempt anyway. "Salaried" is merely a pay method. Do your job duties fall under the criteria explained in any of the four categories here?
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm

 

[candg918]

If it sounds questionable in any way, don't take the job!!!

The repayment of moving expenses for ANY reason? That can be a lot of $$$.

If they are clock watchers, what makes you think that as a salaried, non-exempt employee that you would really get COMP time. You should get overtime pay.

If I were you, I'd keep looking for other opportunities.

(I'm not commenting on the legality of the arrangement - just feel having been in similar situations.)

 

[Some Random Guy]

If this sales pitch for the job is making you uncomfortable, then just wait till you see what the real job is like. Listen to your gut - they don't care about your IP, they want a worker grunt.