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Working without pay- Michigan Michigan

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  • Working without pay- Michigan Michigan

    My husband works for a privately owned company. He is non-management and gets paid salary and I believe he is considered exempt. In December 07, the owner of the company gave my husband, IN WRITING, his new job descriptions which included duties, responsibilities, requirements as well as stating he is to work Monday through Friday, 10am to 7pm (my husband usually works way beyond quitting time, usually 12 hour days with no extra pay). The owner of the company signed it as well as my husband. This week my husband was informed by the owner that he has to work Saturdays with no pay. Is this legal since they have a signed/written agreement that says otherwise?
    BBW in MI

  • #2
    If he is correctly classified as exempt, there are no circumstances whatsoever in which he is entitled by law to any additional pay over and above his regular salary, no matter how many hours he works.

    He will not be working for no pay; his salary covers ALL hours worked, no matter how many or how few.
    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.

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    • #3
      Whether the "agreement" rises to the level of an enforceable contract in your state is something only an attorney can tell you. However, it sounds more to me like a statement of "working conditions" and, if it's not an enforceable contract, then the employer can require any number of hours and any schedule that the business requires. Exempt employees are expected to work how ever many hours are required to get the job done and are not entitled legally to any pay over and above their regular salary.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        forgot to mention

        I forgot to also mention that when my husband misses a few hours in a day for doctor/dental visits he is NOT paid for that time even though he has already clocked well beyond 40 hours for the week. So in short, when he works 10-20 hours overtime he is not paid but when he misses 2-3 hours due to an appointment he loses money. Is it time to visit monster.com?

        How would these two situations change if he was non-exempt salary?
        BBW in MI

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        • #5
          Salaried is just a payment method and does not mean much by itself. Exempt Salaried employees have no legal right to paid overtime, but cannot generally have the actual salary docked for partial days not worked. Just to be clear, reducing a benefit hour balance is not the same thing as docking the salary.
          http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

          The "normal" method of paying Non-Exempt employees on a Salaried basis on the other hand allows for docking of based hours not worked but requires OT to be paid. I agree that based on what you have said, there seems to be a legally inconsistent handling occuring.

          The starting point is to determine the Exempt status. That is a function of the job duties and sometimes the nature of the employer's business. The following website is a good starting point.
          http://www.dol.gov/esa/regs/complian...irpay/main.htm
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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