Announcement

Collapse
No announcement yet.

requiring exempt employees to work 7 days per week

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • requiring exempt employees to work 7 days per week

    simple question - a company making a change to require exempt employees to work 7 days per week, 30 days per mont - is this legal in NH?

  • #2
    Yes. NH is not one of the very few states which limits the number of days an employee can be required to work.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      thanks for the fast reply cbg!

      What if the employee is restricted from working 7 days by their religion - e.g Jewish can the employer still require them to move to 7 days and if so would it then be legal for them to fire the employee if they refused?

      Comment


      • #4
        1st step is to make sure you are properly classified as 'exempt'. What are your job duties?
        I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

        Comment


        • #5
          This isn't me but its a group I work with - they are IT workers, configuring and testing a large software application.

          Comment


          • #6
            There are a lot of maybe's to your question.

            Some of the variable factors include: What is the reason for the employer's decision? Has the employee formally requested a religious accomodation? Would it create an undue hardship on the employer if the employee was not working? Would another employee have to incur overtime or work still more hours in order to allow the first employee time off?

            It's not as cut and dried as you are trying to make it.

            (BTW, this really has nothing to do with exempt and non-exempt. ANY employee, regardless of exempt status, can be required to work the hours the employer says to work, and can be disciplined or fired if they refuse. It's not just exempts, or just non-exempts; in 43 states, including NH, ANY employee can be required to work 365 days a year - the only question is whether they get overtime or not.)
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              Thanks again cbg. Okay, you are right - I was hoping for a clear cut - yes its ok so long as the employee is limited on religious (or similar) grounds.

              This is a whole group that's late on a project, the proposed (managerial) answer is we will have everybody work 7 days a week until its done. I just wanted a quick rough check to see where we stood on this legally, but it seems like its probably ok on the face of it?
              Last edited by mickvt; 10-18-2010, 08:44 AM.

              Comment


              • #8
                It's legal, even below the face of it.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment


                • #9
                  It's legal.

                  IF you have someone who requests a religious accomodation, or a medical one, come back and we can discuss it further.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                  Comment


                  • #10
                    Agreed. If you are looking for some clean simple rule that is always applicable for religious accomodation, like "Jews never have to work 7 day weeks", there is no such rule. If you are really interested, I have some pointers to articles on the subject I can cite, but it is really a matter of looking at a lot of factors. Point of fact, most Jews are not strictly observant and even if they are, it is still not an automatic "get of work on the Sabath" card. There is a real exception here, but it is a VERY limited exception. One intended by law to be limited. An exception that has to be looked at one employee at a time to look at the specific issues associated each employee.

                    http://www.eeoc.gov/types/religion.html
                    http://www.csmonitor.com/2004/0412/p14s01-wmgn.html
                    http://www.adl.org/religious_freedom..._workplace.asp
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

                    Comment

                    Working...
                    X