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View Full Version : To Be or Not To Be... Colorado


Jason Clearbrook
08-08-2008, 02:38 PM
I work for A Very Big Company.

I am an Exempt Employee, and correctly so as best I can understand it.

However:

The Company is making work stoppage plans for dealing with a strike should a new contract not be signed and the Unions for the (Non-Exempt) Occupational Employees should vote to strike. Part of those plans are for Management Employees like myself to cover these jobs as best we can.

Ok, that is fine so far. However, we have been warned, in writing, no less, to expect 12 hour days 7 days a week. Ok, that is still fine. Not something to be happy about, but ok.

However, in a document for this, under Time Reporting & Payroll Procedures, they lay out some expectations for Exempt Management Employees. (Hey, that is me!) One paragraph/bullet deals with IT guys. (Nope, not me.) The second one says verbatim:

In all other business units, will be put on assumed schedules and no positive time reporting will be required - they will continue to be paid their bi-weekly salary. They will NOT be eligible for overtime or any other special incentive payments.

Now we will be doing NON-EXEMPT work, should we then not qualify for the pay treatment? I mean, I am going to be doing Grunt Work folks. Sweatly, Grimy work. Part of being exempt is defined by what I am doing, so if what I am doing is no longer exempt, should I not expect that status to change, albeit temporarily, to non-exempt? This work is *not* what I am in Management for, nor what I am accepting a salary for.

I'd even be fine with just comp time, but over 80 hours a week of physically demanding work with nothing? I am not on board folks. I am not a "Yes Man" on this.

If someone wants to give Risk Management a heads up, let me know and I can PM you...

Thanks!

DAW
08-08-2008, 02:46 PM
You have two different unrelated issues.
- Your employer can almost certainly order you to do this. If you were the best brain surgeon in the country, your employer could legally give you a sledge hammer and tell you to go break up the paving in the parking lot.
- The potential problem is that the Exempt status is a function of all work done, not just the "normal" job duties. There is a very real possibility that the employer is risking the Exempt status, even if you were correctly classified before (different issue). At a minimum, keep track of all hours worked including exactly what you were doing. Use a paper notebook at home, not the company computers. If you ever change employers, filing a wage claim on your way out the door is a risk free action on your part. Your current actions are more problematic. You risk getting fired if you rock the boat and I am not the right person to be giving you termination related advise.

Jason Clearbrook
08-08-2008, 02:54 PM
Thanks!

;'{P~~~

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