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Working 70 hours a week/hired for 55

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  • Working 70 hours a week/hired for 55

    My significant other and I live and work in VA. I am continually frustrated as he works himself sick. I understand that he is a manager in the restaurant industry and that calls for long hours. He was hired for 55 hours a week with no overtime pay. However, for 6 months plus, his average hours are anywhere from 60-70 hours a week. He is always working longer shifts than other managers and just this past week worked 30 hours in two days. Is it legal to be making him work over 55 hours a week with no pay? He is not presently getting paid for the extra hours he works. I understand that with no overtime pay, he cannot request that...but what about the basic pay he is getting (breaking the salary down into 55 hours a week) for the extra 1-20 hours he works a week??? I have been informed that the practice could be illegal and against labor laws.
    Please inform me on what action we can take, if any.
    Thank you so much for your help.

    Sincerely,

    AJ

  • #2
    Is it legal to be making him work over 55 hours a week with no pay?

    He's not working for no pay. As a manager, he is not paid on the basis of how many hours he works; he is paid on the basis of getting the job done. If he is correctly classified as exempt, and if he is managing the restaurant he very likely is, there are no circumstances whatsoever in which he is legally entitled to any compensation whatsoever over and above his regular salary, no matter how many hours he works. On the other hand, he cannot have his salary docked except in VERY limited, very highly regulated situations, and if he works any part of the day he has to be paid for the entire day (with the only exception being if he was out on FMLA). It is not even remotely unusual for an exempt employee to work the kind of hours you describe.

    YOU have no standing to do anything in his employment relationship, and nothing you have posted suggests that he has any legal recourse, either.
    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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