LostinTexas
04-03-2009, 08:18 PM
Scenario: Company forces it’s salaried exempt none union represented employees to work 12 hour days 6 days a week to cover during a strike. Time is required to be kept and any one not compiling with the mandatory hours will be fired on the spot. Would the employee that would under normal circumstances be exempt still be exempt? The employee could fall under two categories those assigned to do the tasks of the non exempt union employees on strike, or be required to make up for the work lost from those performing the coverage duties.
You have several different legaly unrelated issues;
- With very few exceptions almost any employer can make almost any employee work almost any hours or tasks the employer wants. The very few exceptions are for things like airline pilots or minor children employees, whom have very specific statatory restrictions.
- Firing employees for refusing to work extra time or different job duties is generally legal.
- Exempt employees are possibly problematic. The problem is not having them work long hours or different jobs. The problem is that the Exempt status is a function of looking at ALL job duties performed. Change the job duties, and there is a chance that the Exempt status is changed. In this case, every single Exempt employee would have to be looked at separately. There is no one-size-fits-all answer here. There are a number of possible Exempt classifications, and in each case, the new actual job duties by each employee would need to be examined. I can give you a pointer to the so-called White Collar exceptions. These are some of the more common Exempt classifications, but the actual number is much greater.
http://www.dol.gov/esa/whd/regs/compliance/fairpay/main.htm