ladykbeje13
02-11-2007, 07:05 AM
I am a salaried employee in management. I am the store manager of a jewelry store, and I don't have an assistant manager right now; therefore, according to the company's policy of having a key holder in the store at all times, I am working every day, and four out of 7 of the days in a week are 12.5 hour shifts because it is a mall store. Is this legal? The company has suspended me due to trying to arrange a day off for myself, because for the entire month of February, I did not have one posted in my schedule. Is there anything I can do about this? Please advise
cyjeff
02-11-2007, 07:16 AM
An employer can schedule you 24 hours a day 7 days a week if they wish. It is not smart, but legal.
I find it interesting that for asking for a day off, you were suspended - thereby leaving no key holder in the store.
MA has a limited one day of rest in seven law, but it does not apply to all industries; I'm not certain it applies to exempt employees, and it provides for a number of exceptions including emergencies which could not have been foreseen. If the lack of an assistant manager was unforeseen this could fall under that exception. Phil?
CompensationCounsel
02-12-2007, 01:25 PM
There are certain, limited exceptions for exempt employees under MGL c. 149, sections 45, 47 & 48, but retail store management doesn't seem to be one of them.
You should contact the Attorney General. There are also prohibitions against retaliation for asserting your rights under the wage and hour laws, so you may have a claim there, too.
Villain
02-12-2007, 02:34 PM
How long have you been suspended for? Is it w/o pay? It might be possible you are eligable for UI benefits.
We covered unemployment in one of the OP's other posts on this issue. :)
I don't have time at the moment to go looking for it, but you can search on the poster's name and find it. It has to do with an indefinite suspension.
And yes, in MA she will qualify for UI.