Hours at job

[Ronald Maurer]

What is the name of your state (only U.S. law)? New York. I work for an agency and I am a supervisor. I get no overtime. Can I be forced to work in excess of a 40 hour week with no compensatory time back off? I understand I do not get overtimes but I am being forced to work in excess of a 40 hour week.

 

[cbg]

If you are a salaried exempt employee, your salary covers all hours worked no matter how many or how few. You are NOT being paid for 40 hours with all other time being unpaid.

There are no circumstances whatsoever in which an exempt employee is entitled by law to a single penny over and above their regular salary, no matter how many hours he works.

All employees, regardless of exempt status, can be required to work as many or as few hours as the employer wants, and can be terminated if they refuse. The only question is whether or not they are entitled to additional compensation. If you are exempt, the answer is no, you are not.

And before you tell me how your paystub says you are only being paid for 40 hours, I will tell you that most if not all payroll softwares have that as a default that prints out on all exempt employees - they have to fill the space with something so they fill it with a 40. The LAW is as stated above.

 

[Ronald Maurer]

I believe I understand you. So in summary you are saying that even though I am paid based on a 40 hour week, I can be ordered to work from 48-55 hours each week and there is nothing I can do about it? I am not looking for overtime pay but only that time back off as compensatory time.

 

[pattytx]

If you are exempt, you are not paid based on a "40-hour week". You are paid a fixed salary to get the job done, no matter how many hours you work. Again, if you are exempt, the employer MAY have some type of comp time prorgram, but they are not required to have one by law. 40 hours only comes into play for overtime purposes if you are a nonexempt employee.

I used to be an exempt employee for a city government and our bargaining unit negotiated a comp time provision. Just so you know.

 

[cbg]

I am saying that you are NOT paid on the basis of a 40 hour week. If you thought otherwise, then you did not understand what I was saying.

Comp time is legal for exempt employees but not required by law. It depends on the policies of your employer and/or any CBA that you might be covered under.

 

[Ronald Maurer]

Thank you all for your concise response and for sharing your expertise. I learned from you and need to evaluate my future. I like what I do but if the expectation is that I work close to 50 hours a week I need to really re-evaluate if I am willing to do that.
Thanks again to all of you.

 

[pattytx]

Thank you all for your concise response and for sharing your expertise. I learned from you and need to evaluate my future. I like what I do but if the expectation is that I work close to 50 hours a week I need to really re-evaluate if I am willing to do that.
Thanks again to all of you.

I have been exempt nearly all of my career. In most positions, a 50-hour week would have been a relief. In this economy, I'm sure there are a lot of people who would be glad to have such a job.

 

[You Are Guilty]

Good grief. I bill 50 hours a week, which means I work probably closer to 70-75. You want really want to consider riding out this "horrible" job that makes you work 10 "extra" hours/week at least until the economy improves. Working 50 hours/week is still preferable to working 0/week in most people's books.

 

[cbg]

For most exempt level jobs I've had, if I was working only 50 hours a week I'd think I was on vacation.