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Exempt -Pregnant and Needs Help! Massachusetts

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  • Exempt -Pregnant and Needs Help! Massachusetts

    Hello,
    My friend works in the daycare business and she was at one point the 'director' performing mainly administrative tasks in the office. About 2 months ago she was demoted and her salary was cut. It was done to save money not because she was not doing her job(although they gave her a b/s review for the first time in years), but from what I read employers can cut pay for any reason. That is not what I am questioning.

    She was told she would serve as the asst. director, and then told she would be the co-director. Nothing is ever in writing. Either way, the past 8-10 weeks she has been working as an infant teacher in the classroom along side a co-teacher. Because of a lack of teachers, they need her in a room. All of the teachers in the day care center are non-exempt. I assume this is because their job duties do not fit the exempt classification or else this company would have taken full advantage of them all. She is now performing those same duties roughly 90% of the day since then. She works appox. 55 hrs. per week.

    Question: Is she possibly owed overtime for those extra hours the past 10 weeks? Has her exempt status been compromised? It seems as if the company is taking total advantage of having her as an exempt employee while needing her to work in the classroom instead of performing mainly admin tasks. She still performs some admin tasks, but her main focus has been in the classroom alongside another teacher performing the same duties.

    To add to this, she is 7 months pregnant and cannot continue to work these hours. Her boss kindly presented a solution. She could work from 7-1 each day at 50% of her salary if she chooses. Basically, her boss somehow came up with the notion that 60hrs per week is expected for a full time admin person and therefore 30hrs would be worth 50% salary. She works without breaks and therefore 7-1 would be 6 hours per day. She normally works 7-6pm. Is this legal? Something doesn't seem right here.

    You guys seem to know your stuff, so your comments are much appreciated.

  • #2
    more info

    I also wanted to mentioned she was told about 2 months ago she will not be paid for maternity leave. At the beginning of her pregnancy she had a conversation with her boss verbally told her she would be paid for 6 weeks maternity. She asked her boss if they could setup a short term leave plan at the company. The employer insisted it was not necessary and she would be paid. Well that plan was never setup and her maternity will go with no pay. They have a policy that states maternity is not paid, however she was paid maternity leave for her first child and the employer lied to her and then later decided they cannot afford it and had to tell her they cannot pay it.

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