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being paid for working 2 jobs

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L Houston

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

I work at a non-profit. I was the first operations staff for the org as it grew from 5 to 15 staff. I was the only ops staff for about 2 years, and during the 2nd year I began making the argument to my boss that we needed another ops staff, as I was doing high level stuff (establishing accounting procedures and HR policy, setting up IT network, managing office move and buildout) but also the only staff to do lower level stuff like ordering coffee and planning lunch for meetings, ordering office supplies & keeping them organized, mailings, etc. My claim was that I was doing at least 2 jobs, probably more.

It took a year, but in Sept2013, I convinced my boss to hire at least a part-time admin person. I delegated a lot of lower level tasks to this person, which improved the situation, but my workplan continued to be too large.

In Aug2014, we underwent a staff restructue, in which a new ops position was created at the top (Director) level. I am at the Manager level, one below Director.

I am happy the position was created, as now finally we will have sufficient ops staff.

I am also frustrated that my boss told me that I am not eligible for the new position. The given reason is that I do not have the length of experience or the required breadth of expertise. He wants 10+ years of experience, I have 5-6. He wants Human Resources and Talent Management��; Financial Management & Internal Operations��; and Marketing, Communications & Development��. I only have 1 and 2, not the 3rd.

I have discussed this with him and although I think he should at least consider investing in me to grow the new area of expertise, I am not going to convince him otherwise. I have accepted that.

In the meantime, while we wait for the position to be filled, I continue to perform functions 1 and 2 of the new ops director position. I think I should be compensated for performing the work of this new position. I see it as 2 periods of time: before and after the position was created. Before the position was created, the idea that I was doing more than 1 job was debatable. After the position was created, it is objective fact that the organization needs this new position and has committed the resources to it.

At the very least, I would like to make the case to my boss for awarding me a portion of the salary (2/3 is the logical choice) of the new position after it was created, since I am performing the job functions. Do I have a legal argument supporting this claim? My understanding, from talking to some accountants, is that it is common to pay an employee for performing the job functions of a vacant position on top of his/her own position.

I would also like to argue for extra, retro-active compensation for the 9 months before the position was created, during which I performed 2/3 of the new director position. Do I have a legal argument supporting this claim? My understanding is that this is less common, but not unheard of practice.

Thanks so much in advance for your assistance!
 


anteater

Senior Member
At the very least, I would like to make the case to my boss for awarding me a portion of the salary (2/3 is the logical choice) of the new position after it was created, since I am performing the job functions. Do I have a legal argument supporting this claim?
No, you don't. You will have to rely on your powers of persuasion.
 

L Houston

Junior Member
No, you don't. You will have to rely on your powers of persuasion.
Thank you. Could I draft an agreement to get paid for performing the extra job functions? I am exempt and we use annual workplans, which I am currently developing with my boss. So perhaps it is written into my workplan?
 

Jamesphill

Junior Member
Jobs and Extra Functions

Extra functions on jobs might be ended up with the bonus but you can't made claim. I am completely agreed with the @anteater.
 

cbg

I'm a Northern Girl
You are free to do whatever you wish, use whatever arguments you wish, or provide whatever visual aids you care to present. There is no law you can invoke that is going to force the employer to pay you anything more. There are no circumstances, other than changing from non-exempt to exempt and sometimes not even then, under which the addition of additional duties requires additional compensation. If you make a compelling enough argument, your employer may agree, but the law does not support your position. (I'm not saying I disagree with your position - just that there's nothing in the law that's going to back you up.)

We have no way of knowing what is in your workplan.
 

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