Work on days off without pay?

[jwd44]

What is the name of your state? Texas

Is it legal to require an employee to work on their days off without compensation?

 

[cbg]

That depends on whether the employee is exempt or non-exempt.

If the employee is exempt, there are NO CIRCUMSTANCES WHATSOEVER in which the employee is entitled to more compensation over and above their regular salary every week, no matter how many hours or on what days they work, unless they have a bona fide CONTRACT (not an employee handbook, not an offer letter, a CONTRACT) that says otherwise.

If the employee is non-exempt, then they MUST be paid for each and every hour that they work and if they work more than 40 hours in a week, they MUST be paid at time and a half their hourly rate for every hour over 40.

 

[jwd44]

I thought that would be the case. However, what if the reason we were forced to work seven days a week was because the company refused to hire enough non exempt employees and we were doing their work. Perhaps we should not even had been classified as exempt.

 

[cbg]

What percentage of your time, in a seven day period, do you spend on non-exempt duties?

 

[jwd44]

Probably about 60%.

 

[cbg]

jwd44, I haven't forgotten you. There's been a recent change in the law that I believe affects part of your question, and I'm going through all my paperwork on the law change trying to find it. I'll get back to you when I do.

 

[jwd44]

Have you had a chance to go through your paperwork?

Thanks

 

[cbg]

Not to the extent that I've been able to find what I've been looking for. I've found the right set of papers, but am still working my way through them. But thanks for reminding me that I'm still researching this.