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Texas Exempt salaried work hours

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ulbhpy

Junior Member
What is the name of your state (only U.S. law)? TEXAS

We work for a large multinational company. In our group we used to work in 10 hour constant rotating shifts (day,night,swing) for 4 days with 4 days off, and work 4daysx24hours continuously as backup (at 32 day intervals). (Backup requires you to be with internet and phone access and binds you at one place). We all got paid for 40 hours with no shift differentials.

Recently management changed and they want us to work more hours each shift (10 or 13 hours) with varying time off (1 to 4 days) between shifts. They also want us to work 7daysx24hours as backup. Company also stopped reimbursing internet expenses for working from home. On an average we are now required to work a lot more hours per week (49.44 hours) with no added compensation. There is a threat of layoff.

My questions:
1. Can employer require texas exempt employees to work varying shifts of 10 or 13 hours, 7x24 hours as backup and scheduled average hours of 49.44 hours without additional overtime?
2. When on-call 7x24 hours is employee not entitled to reimbursement of internet expenses?

Thanks in advance. I understand the right to work and that we can leave, etc.
 
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cbg

I'm a Northern Girl
What you don't understand is exempt. Exempt employees, if properly classified, are not ever entitled by law to a single penny over and above their regular salary, even if they work 168 hours a week (169 hours the week we change the clocks in the fall).

The answers to your questions are:

1.) Yes. And it's legal in the other 49 states, too. Additionally, it would be legal for non-exempt employees as well, except that non-exempt employees receive overtime for any hours after 40.

2.) No. Only two states require that an employee receive expenses at all; neither state is TX, and even in one of the two states that do internet expenses would not be required by law.
 

ulbhpy

Junior Member
Thanks. So if employer forces exempt employees to work more than normal hours on a regular schedule basis the only option for employees is to leave?

What you don't understand is exempt. Exempt employees, if properly classified, are not ever entitled by law to a single penny over and above their regular salary, even if they work 168 hours a week (169 hours the week we change the clocks in the fall).

The answers to your questions are:

1.) Yes. And it's legal in the other 49 states, too. Additionally, it would be legal for non-exempt employees as well, except that non-exempt employees receive overtime for any hours after 40.

2.) No. Only two states require that an employee receive expenses at all; neither state is TX, and even in one of the two states that do internet expenses would not be required by law.
 

justalayman

Senior Member
Thanks. So if employer forces exempt employees to work more than normal hours on a regular schedule basis the only option for employees is to leave?
unless there is a contract stating otherwise, an employer can demand an employee work every hour they are alive. As long as any overtime due is paid, it is legal. If the employee doesn't want to work the schedule, they can leave. That's it.
 

cbg

I'm a Northern Girl
There is no such thing as "normal" hours when you are exempt. I don't know where so many people got the idea that an exempt employee cannot be required to work more than 40 hours in a week but there is no truth to it whatsoever. "Normal" hours for an exempt employee are whatever hours the employee needs to work in order to get the job done the way the employer wants it done. It is very, very common for an exempt employee to work upwards of 50, 60 or even more hours per week.
 

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