Federal law for the number hours maximum worked exempt management employee?

[Texaskajun]

What is the name of your state (only U.S. law)? Texas

Is there a federal law regarding the number of hours an exempt, mid-management employee can work per week in public higher education (university)--receiving state and federal funding. I was informed by two Associate Vice Presidents that my department would be taking on additional duties from another department. There is another option; however, administration states due to budget cuts this is the only option available---for me to work overtime with no additional pay.

Currently, I work M-Th 7 am - 6 pm, F 7 am - Noon. My hours will change beginning Jan. '18 to 7 am - 10 pm, F 7 am - Noon. I will not have anyone to relieve me so there is no option for taking vacation or being out sick; even though administration does know that I have some medical issues that fall under the ADA as physical, chronic disabilities that require medical attention (doctor's appointments, monthly infusions, etc.) and the need for rest.

Texas is a work at will state, no union at the institution. HR department is not on the employee's side. Timekeeping is electronic (Peoplesoft) and since I am monthly it only records if I take sick leave or vacation leave.

My question is: Legally, are upper management allowed to work employees extended hours without relief (my normal job) and additional duties (a second position) dissimilar from my original job without adequate backup, breaks, or relief. The person who could relieve me would have to be paid overtime (she is non-exempt) which they are refusing to approve.

 

[Zigner]

What is the name of your state (only U.S. law)? Texas

Is there a federal law regarding the number of hours an exempt, mid-management employee can work per week in public higher education (university)--receiving state and federal funding. I was informed by two Associate Vice Presidents that my department would be taking on additional duties from another department. There is another option; however, administration states due to budget cuts this is the only option available---for me to work overtime with no additional pay.

Currently, I work M-Th 7 am - 6 pm, F 7 am - Noon. My hours will change beginning Jan. '18 to 7 am - 10 pm, F 7 am - Noon. I will not have anyone to relieve me so there is no option for taking vacation or being out sick; even though administration does know that I have some medical issues that fall under the ADA as physical, chronic disabilities that require medical attention (doctor's appointments, monthly infusions, etc.) and the need for rest.

Texas is a work at will state, no union at the institution. HR department is not on the employee's side. Timekeeping is electronic (Peoplesoft) and since I am monthly it only records if I take sick leave or vacation leave.

My question is: Legally, are upper management allowed to work employees extended hours without relief (my normal job) and additional duties (a second position) dissimilar from my original job without adequate backup, breaks, or relief. The person who could relieve me would have to be paid overtime (she is non-exempt) which they are refusing to approve.

Assuming that you are properly classified as an exempt employee, yes, it's legal.

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas

Is there a federal law regarding the number of hours an exempt, mid-management employee can work per week in public higher education (university)--receiving state and federal funding. I was informed by two Associate Vice Presidents that my department would be taking on additional duties from another department. There is another option; however, administration states due to budget cuts this is the only option available---for me to work overtime with no additional pay.

Currently, I work M-Th 7 am - 6 pm, F 7 am - Noon. My hours will change beginning Jan. '18 to 7 am - 10 pm, F 7 am - Noon. I will not have anyone to relieve me so there is no option for taking vacation or being out sick; even though administration does know that I have some medical issues that fall under the ADA as physical, chronic disabilities that require medical attention (doctor's appointments, monthly infusions, etc.) and the need for rest.

Texas is a work at will state, no union at the institution. HR department is not on the employee's side. Timekeeping is electronic (Peoplesoft) and since I am monthly it only records if I take sick leave or vacation leave.

My question is: Legally, are upper management allowed to work employees extended hours without relief (my normal job) and additional duties (a second position) dissimilar from my original job without adequate backup, breaks, or relief. The person who could relieve me would have to be paid overtime (she is non-exempt) which they are refusing to approve.

Its time to look hard for another job.

 

[eerelations]

There are no laws in the US, federal or otherwise, that restrict the number of hours that employers require their employees to work. This goes for exempt and non-exempt employees, the difference being that non-exempt employees must be paid for all the hours they work, and at OT rates where applicable. Regarding exempt employees, as long as they're receiving their full salaries, their employers are in compliance with the law.

 

[FlyingRon]

There are no laws in the US, federal or otherwise, that restrict the number of hours that employers require their employees to work.

I'm sorry EE, but the above is incorrect. First off, at the federal level, there are some safety related issues (truck drivers, pilots, etc...) that have very stringent work hour limits.

State by state, there are similar rules. For example, in California, while an employer can ask a employee to work more than 72 hours in a given week, they can't discriminate against one who refuses to work more than that.

 

[PayrollHRGuy]

Flying Ron you are correct but it is clear that the OP is not limited by the FAA or any other agency and is in Texas.

 

[Texaskajun]

Assuming that you are properly classified as an exempt employee, yes, it's legal.

Yes, I am properly classified as an exempt employee. My supervisor, one of the AVP is classifying the additional work as "other duties as assigned" which is part of my original job description; however, my original job description also lists my working hours. In the past any deviations to working hours in this type of situation would dictate the addition of a temporary assignment because I am working more than 1.0 FTE (greater than one full time job). Which has been done in the past for other (exempt) supervisory and non-supervisory, professional (exempt) employees.

For our institution a month's work hours is equivalent to 173.3, so if they work me at 320.0, but do not document it, there is no legality issue? O.k. interesting to know. So when they were giving people extra temporary assignments, that was just out of the kindness of their hearts or ethical integrity. There's been alot of people who have retired and been replaced in the last few years.

Now they are working around the situation, by simply saying for me to work more, and do more without documenting the work assignment, but I am having to train, test, and take on more work and duties are not even part of the component I report to (my supervisor AVP, Academics)---but rather another AVP (Finance).

 

[PayrollHRGuy]

It sounds like the only thing the company is violating are their own rules and they can change their own rules as often as they like. If you have a contract say so and say what if anything the contract says about hours.

 

[Texaskajun]

It sounds like the only thing the company is violating are their own rules and they can change their own rules as often as they like. If you have a contract say so and say what if anything the contract says about hours.

Yes, I work for one of four institutions with a university system. They do have HR policies about FTEs.

Another question -

If they are aware that I have ADA needs and need time away after my monthly infusions yet do not provide a backup for the evening work once a month, and I'm being in an at-will state can they use my health and illness as leverage against me as not performing my duties. I've been with the institution for over 25 years, and in this position for almost 8 years. This is my third supervisor Academic AVP (due to budget cuts, people jumping ship, alot of people vested with my years of work in are leaving). My AVP doesn't want to deal with the drama and has agreed to let the Finance AVP have her way. However, I am not at the age of retirement, I still have at least five years to go before I am eligible for retirement.

 

[eerelations]

"Having ADA needs" is not the same as having ADA coverage. In order to have ADA coverage, you need to state clearly and forthrightly to your employer (your boss and the HR department) that you have a disability covered under the ADA, that you require accommodations, and what those accommodations are. If you don't do this, guess what? You don't have ADA rights or accommodations.

 

[Texaskajun]

"Having ADA needs" is not the same as having ADA coverage. In order to have ADA coverage, you need to state clearly and forthrightly to your employer (your boss and the HR department) that you have a disability covered under the ADA, that you require accommodations, and what those accommodations are. If you don't do this, guess what? You don't have ADA rights or accommodations.

Yes, I have. I mean I haven't gone into detail as far as bringing in my medical records from all my doctors with specific diagnosis and information. But I do have an assigned parking space which I pay additional money for annually and handicap license plate.

ADA coverage does that mean I will have to go back and have my doctors actually write out in detail all my medical diagnoses and place in my HR file.

They are aware of my rheumatoid arthritis which I have had for 20 years and write out on my leave requests each time I leave for my doctor visits and when I have had ER visits or been out for leave; however, I have other medical issues that I have not disclosed. The RA should be sufficient enough I would think without disclosing the other.

If I did disclosure my full medical history, I can guarantee I will be terminated by the end of the year in a RIF--Reduction in Force due to "budget cuts".

 

[cbg]

Barring an industry-related exception, the maximum number of hours an employer can require an exempt (or a non-exempt) employee to work under Federal law is 168.

There are two states, Maine and California, that limit the number of hours an employee can be required to work in a week/pay period.

There is a small handful of other states that require an employee to be allowed one day off out of every seven. How this works in practice varies by state.

There are some industry-related exceptions at the state level also - there are also exceptions for minor at both the state and Federal level.

That's pretty much it as far as LAWS are concerned.

There can be medically based situations under the ADA, FMLA and workers comp, where the specific circumstances require an employer to make an exception for a specific employee. There are also Small Necessity laws in some states, but not all of these require paid time.

The onus is on the employee to make the request and provide the documentation for the need of an ADA accommodation. The employer is not obligated to assume one is needed.