Mandatory overtime for exempt employees?

[lostinva64]

What is the name of your state? Virginia

I'm going to try to keep this short and simple. The company that I work for has "developed" job descriptions for all but one employee that allows them to call us all exempt. Ok, fine, I knew that when I took the job. However, because of our exempt status, we are expected to work 50 -60 hours a week. Our supervisor told us, at a meeting a couple of weeks ago, "You aren't going to like it a bit when I get phone trees going on Saturdays and Sundays, telling you to get your butts in here." Can exempt employees be forced to work more than 40 hours?

 

[Beth3]

Any employee can be required to work more than 40 hours.

The only pertinent question is whether overtime must be paid and that is determined by each employee's actual job duties, not by what the company wrote down on a piece of paper they've titled a job description.

 

[lostinva64]

Thank you for the advice- it really helped me make a decision. I'm headed to the job search sites now! The pay where I am now just doesn't cut it for working that many hours. I appreciate your time.

 

[texaswillie]

"Exempt" working OT

LostInVa

Your write that your employer has "developed" job descriptions that calls you an exempt employee. The development of a position or job description is not the controlling factor in whether you are or are not an exempt employee under the Fair Labor Standards Act. The actual duties you perform, the salary you are paid and the other test (for the applicable exemption) are the determining factors concerning the exempt status of an employee.

If you meet all the test for the exemeption, then the employer can demand hours of work that you may not agree to. This is a matter of negotiations with the employer or seeking employment elsewhere. (Sometimes easier written that actually done and especialy with the employment picture the way it is today).

If your actual duties make you a non-exempt employee, then you employer may owe you overtime for those hours over 40 in a workweek. I would need a lot more information in order to make a final determination.

You may want to call the nearest U.S.Department of Labor's Wage Hour office and discuss your situtation with them and get their opinion concerning your exempt status.