manger5
10-17-2007, 09:04 PM
I work in the IT field with exempt employee status. Although I'm used to working overtime my employer is now saying that I need to work at least 60 hours a week, every week (which will most likely be more). They are trying to get around hiring more staff. Even with exempt status, can an employer require you to work those types of hours every week?
Also, if I'm part of a team (who all do the same job) can my employer require just some of us to do this and not others?
With very few exceptions such as airline pilots and minor children, almost any employer can require almost any employee to work almost any hours the employee wants. There are several states (not yours) that have very weak rules regarding working all 7 days during the week, but no state has a general prohibition against working 60 (or 90) hour weeks. I have gone whole years in which 60 hours would have been a very light week.
Exempt or Non-Exempt does not affect the employer's ability to dictate hours, just whether or not they get paid for overtime.
Regarding choosing some employees and not others to work overtime, that would depend on the selection criteria. For example, the federal Title VII prevents certain types of discrimination based on (for example) race, sex and national origin. But there are many types of "discrimination" that are perfectly legal. For example, historically both Accounts Payable and Payroll reported to me. Payroll is much more likely to have mandatory overtime (and no vacation allowed) near year end then is Accounts Payable. It may not be fair but it is a common business requirement and perfectly legal. If your employer is basing the "who works overtime" on a business requirement, and there is no specific legal restrictions on hours worked, then it is probably legal. If instead your employer hates people of your gender and that is why you are drawing overtime, then your employer is breaking the law.