If I'm a salaried .8 FTE employee (get paid for 32 hours, work about 40), can my boss force me to attend a training on a Saturday without paying me or giving me the hours in comp time? At this point, the training is mandatory, and we have been told we will get no pay and no comp. Can I be fired if I refuse to go? I'm tired of working for this company for free! I don't know if I'm exempt or not. I'm not a supervisor. I work as a medical provider in a fed- and state-funded community health center. Any info you could send my way would be appreciated.

You need to determine whether you are exempt or not because that's where the answer lies.

If you are exempt, then there are no circumstances whatsoever, including being required to come in on Saturday for training, in which your employer is required to pay you a single penny over and above your regular salary. Comp time is legal for exempt employees but is not required by law. You are not working for free. Exempt employees get paid a straight salary that covers all the time they work; they are not paid on the basis of how many hours they work and that salary cannot be docked if you miss time except in VERY limited circumstances.

If you are non-exempt, then you must be paid for every hour that you work, including mandatory training. Comp time is illegal for non-exempt employees in most circumstances.

Regardless of whether you are exempt or non-exempt, yes, you can be fired if you refuse.

I am paid to work 32 hours a week. As I stated previously, I usually put in about 40 hours. We have 2 mandatory trainings a year; an all-day thing for which we get a comp day off; but this saturday thing is something new. Since I am paid for 32 hours, any additional time I put in is indeed, "working for free." I will find out for sure Tuesday if I am exempt. Thanks for your help.

Do you have a contract that specifically says that your salary only covers 32 hours a week?

I have no 'contract,' but am given a yearly 'Letter of Agreement" that spells out my salary, my hours, and my CME benefit. It states there that I am paid __ amt for 32 hours/week. Does this help?

Not really. I very much doubt that the intent of the agreement was to say that your salary only covers those 32 hours. But if you believe otherwise, you'll have to show it to a local attorney.

What I can tell you is that exempt employees are NOT paid on the basis of how many hours they work, but on getting their assigned work done (which includes attending mandatory meetings or training), and that there are no circumstances whatsoever in which an exempt employee is entitled by law to any compensation over and above their regular salary. ANY entitlement to "overtime" that you have is going to be found in the exact wording of any documentation you have.

According to the FLSA, I am exempt. I have a license to practice medicine and am employed in this capacity. So..you are saying that I can be made to attend a training on a Saturday, without comp time, and I can be fired if I refuse to attend?

Yes, that is exactly what I am saying.

Thanks for your help. It clarified alot for me. i.e. I need a new job.

It's going to be the same anywhere else, Dianna. The laws for exempt and non-exempt employees don't vary with the company. They're the same everywhere. If you have an exempt position, you are expected to work whatever hours it takes to get the job done, including mandatory meetings and training, and you're not going to find many, if any, employer who will pay an exempt employee overtime. After all, with very rare exceptions, they can't dock you when you don't work so anytime you work less than your "regular" hours they still have to pay you for it. Why should they pay you extra when you work more hours?

Is ther anything in the law preventing an employer from making an exempt employee from working 24/7 365?

Some health and welfare law perhaps?

It seem weird that an employer could legally say " I don't want you to leave work again....ever"

In a few states, there is a "one day's rest in seven" law. These states appear to be split, however, as to whether or not it applies to exempt employees. Some public safety positions have restrictions as well, such as airline pilots, nurses, interstate truck drivers, etc.

I think you're really taking this to the extreme, however. It just doesn't happen that way in real life (well, let's just say, I haven't heard of it occuring).

Barring the specific states and industries Patty has mentioned, however, no, there is no such law and technically an employer could legally do exactly that.