Is there a law In South Carolina that protect people that get paid salary? I was told today that I was going to have to work open to close for a while thats 12 hours a day. My Asst is getting fored tomorrow and my 12 hours days will start tomorrow. I was told I only had to work 52 hours a week and the books even say 52 hours a week. I work right around 60 hours a week and have worked 80 hours a wekk several times. I get only one day off a week and that has even been taken away from me from time to time for what ever reason they have at the time.. Is it right or even fair to work salary paid people like dogs, don't we have any rights. when do we get any rest I live alone and the hours make it hard for me to tend to home stuff like going to the laundary matt, getting my bills payed etc .......... When do we got to go to the Doctors, dentist etc .......... Sorry about blabing here, I'm just not to happy about haveing to work 12 hours and not know when I will get a day off. Can someone please help me. Thank you. Have a nice day and laughs and smiles to you as well.

If you are correctly classified as exempt, then nothing you describe is illegal. In fact, even if you are incorrectly classified it still wouldn't be illegal, you'd just have to be paid overtime for any hours over 40 in a week. Nothing in the law of any state says an employee can't be asked to work 80 hours a week.

Hi cbg,

Thank you for your response. That just dosen't seem right at all. Does this mean that they can work me like that with NO day off at all? You said that they would have to pay me over time on anything over 40. I was told that salary paid gets no over time, if they are sapose to do so :confused: then they owe me a lot of money. I really feel there should be something to stop the abuse on salary paid people. I was told htere was a law that did protcet us from being used and I all so heard that after so many hours in this state you should get two days off. This just doesn't seem fair :mad: at all, to treat us like animals. I have almost gotten into car wrecks due to being over worked, starting to fall asleep at the wheel. Well thank you. You have a nice day and laughs and smiles :) to you as well.

I said IF YOU WERE NON-EXEMPT they would have to pay you overtime. If you are exempt, you are correct, you do not get overtime at all.

What I am saying is that ALL employees can legally be asked to work whatever hours the employer wants. Non-exempt employees have to be paid overtime and exempt employees do not, but it's legal either way.

I'm not saying I think it's a good idea to ask employees to work that many hours but it's legal. And no, there is no law in any state that says you have to get two days off if you work x hours.

I know that what you are saying is true, but THERE SHOULD BE A LAW controlling this! I am in the same situation of a ridiculous work load, and expected to work what ever it takes to accomplish it. Recently, I have been asked to facilitate a meeting every day that is running between 2 1/2 to 3 1/2 hours a day. My work load was absurd, before this, no adjustment to work load, or extra help has been arranged to accomadate the loss of time in my work day. The truth is they just expect me to increase my hours to make up for it. I am looking hard and heavy for another job, but I have a physical condition that I need my health insurance for, a new job would mean no health insurance for 3 months. I feel so trapped, so controlled by my employers. My employer shouldn't have so much control over my life! Sorry, I am just venting, I guess. But, with no labor laws to monitor this, I could just end up in the same situation with my next job. When I was hired, I was so impressed with all the benefits that came with this job. But, they all turn out to overidden by " they can ask me to work whatever". So, the paid days off, vacation, disability insurance, it is all just a farce, because no one gets to use them. As a salaried employee, I am just at their mercy. The more hours that they get from me, is just a win situation for them and a losing proposition for me. Has anyone ever tried to change this?

Has anyone ever tried to change this?

Well, yes, the laws changed back in 2003.

Despite all the wailing of union folks and the like about the people who would lose overtime pay, the Bush Administration's Fair Pay law helped many more who, previously, worked hours on end for all of $255 a week. At least those making between that and the current $455 a week now get overtime pay.

I frequented a convenience store and noticed that the manager was ALWAYS there. I commented on that and about overtime. I learned he was making $300 a week and exempt from overtime. While he is no longer there, his replacement has to be paid a lot more for the hours expected or get overtime.

I know that does not help you. You need to evaluate your job -- the pay, the benefits, the hours worked, job satisfaction, etc and decide if you want to keep going with it or find something else.

I could just end up in the same situation with my next job.

Possible. Ask questions. Forget about asking the hiring manager -- talk to other employees, especially those in positions similar to the one you are considering taking. If they are offering $455 a week and expecting 80 hours of work in exchange, you could do almost as well being paid minimum wage working 40 hours at McDonald's and another 40 hours at Burger King.

I appreciate the information. I make more than 455. a week with my expempt status, but it doesn't make me feel any better. I will try to find another job as soon as my health issues are resolved. However, if that resolution ends up being surgery, I may end up being fired for being off work anyway. I spoke to my doctor yesterday about my concerns and he was helpful in that he will work with me on treatment to try to put off surgery for as long as possible, and consider laproscopic surgery, as it requireds less time off work. If I can put the surgery off until I have been employed for a year, then they have to give me the time and not fire me as I will qualify for FMLA. However, there is a part of me that says when I am in the doctors office I should be discussing my health not my job. I should be able to make the best health decision, not alter those decisions based on not being able to take two weeks off work to have surgery. The other thing that is really bothering me is vacation time, no one can take that either. Well, my complaints are not going to change the way things are, but I am just surprised. I am not a young person, I am 58 years old and have worked all my life, I am shocked that I didn't already know these things. This is, with a doubt, the worst employer that I have ever had. I guess that is the reason I am learning all this. I feel so helpless, and controlled by the employers whims. One of my questions in interview for the next job will be about overtime. And it I can possibly help it, it will not be a salaried position. You are right about the working at a fast food restaurant. I went to one for lunch the other day and almost ask about employment. Oh well, the world is what it is.
Lois

Keep in mind too that not every potential employer has a 30 or 90 day waiting period before benefits kick in. You also should be offered COBRA to continue your current insurance should there be a waiting period. Some employers wil also cover the cost of COBRA for new employees to entice them to accept the offer.

Not every employer will fire you if you need surgery before a year is up either. While I wouldn't go into the interview asking about the health benefits andhow much time I could take off as a new employee, it is somethingto ask of acquaintances who may work where you are interviewing.

If I can put the surgery off until I have been employed for a year, then they have to give me the time and not fire me as I will qualify for FMLA.

You also said this is the worst employer you have ever worked for.

Why punish yourself by working there longer to get FMLA which is not paid leave?

My medical condition is such that, at anytime, I could end up in a life threatening situation that would require emergency surgery. It may not, but it is a possiblility. At the moment it is under control with medication, but that could change at anytime. If that changes, it could also make the surgery a lot more complicated and and require a lot more time off work. It is kind of like living with a time bomb. So this is why I am really scared to be one day without health insurance. I want another job, and if I could find one that would offer health insurance right off the bat, I would go for it in a minute. But, while I am sure there are some employers out there, I have never found one that will give do that. I think to negotiate that issue, I would have to discuss my health issues in an interview. I am not optimistic enough to think I would find that needle in a haystack right now. I really feel stuck.

You all have been great, with your information and suggestions. I am so glad that I found this board. Reading some of the other posts here has also made me not feel so alone with my problems. I really want to thank you all.
Lois