I am an exempt employee. A new boss arrived and has issued a written notification that we are expected to work at least 10 hours per day so she can justify hiring additional workers in her department. She also indicates that it takes her at least 14 hours per day to do her job and can't understand how we're doing our jobs without the extra hours.

I'm meeting or exceeding all my deadlines and helping over team members but am organized enough that I don't have to always work overtime for each project. When it's necessary, I do.
As the new boss has also said that she values employees who regularly work long hours, I'm concerned I'll be terminated if I don't.

Understanding that Colorado is an at-will state, must an exempt employee work overtime?

Exempt or non-exempt status has nothing to do with it. In all 50 states, all employees regardless of exempt status must work whatever hours the employer says. The only question is whether or not they need to be paid additional compensation for the time. Non-exempt employees do; exempt employees do not.

A new boss arrived and has issued a written notification that we are expected to work at least 10 hours per day so she can justify hiring additional workers in her department

Her needs to justify her job is not your problem.

You need to start looking for another job where the boss is not going to trample you.

Her needs to justify her job is not your problem.

You need to start looking for another job where the boss is not going to trample you.

Just to be the devil's advocate here (cause I kind of like doing that :p ), if she CAN justify more workers, then the 10-hour a day thing could very easily go away. :)

Just to be the devil's advocate here (cause I kind of like doing that :p ), if she CAN justify more workers, then the 10-hour a day thing could very easily go away. :)

The justification is a rationalization, I suspect. Boss will come up with another reason for others to work as many hours as she does.

Exempt or non-exempt status has nothing to do with it. In all 50 states, all employees regardless of exempt status must work whatever hours the employer says. The only question is whether or not they need to be paid additional compensation for the time. Non-exempt employees do; exempt employees do not.

This blows me away. I knew I have to be there during the hours set by the employee but I had no idea that everywhere in the US a boss could say that I had to work as many hours as they dictated.

It was years ago that I used to supervise phone agents in another state and I could ask them to work additional hours, but they could say no and there were no repercussions.

That was because the company chose to allow them to say no with no repercussions.

The law would not have prohibited them from doing likewise.

That was because the company chose to allow them to say no with no repercussions.

The law would not have prohibited them from doing likewise.

Thanks. I always thought it was a Federal dictate. I understand now.

Thanks. I always thought it was a Federal dictate. I understand now.

There is at least one state (California, there may be others) where employees DO have the legal right to refuse overtime and be protected from adverse employment actions. It's after a LOT of days/hours, though, and I do know that Colorado does not have a similar statute.

Maine has a similar statute.

I don't know that either of them apply to exempt employees.

The CA rules (CLC 551-554) say "Every person employed in any occupation of labor is entitled to one day's rest therefrom in seven" and do not have any language restricting them to Non-Exempt employees only. These are also very weak laws, with language indicating that 4 days off every 28 days is acceptable. There are also no actual penalties mentioned.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=500-558

But this isn't a one day off in seven issue - it's a can-an-employer-make-an-exempt-employee-work-more-than-their-scheduled-shift issue.

Maine has a similar statute.

I don't know that either of them apply to exempt employees.

Maine's applies to exempt employees except for the Executive Exemption.

Note that the way our law works, if you worked only 40 hours last work week, you could be required to work 120 hours this work week but not required to work more than 40 hours next work week.

Okay, we've got that clarified. Thanks. Good to know for the future.

However, we are still left with the fact that the poster wants the law to say that an exempt employee cannot be required to work extra hours, and the law does not say that in any state. It's not a how-much, it's an at-all.