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California salary - OT and requiring full availability California California

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  • California salary - OT and requiring full availability California California

    Hi-
    I am a salary employee for a large tech company in the Bay Area. My manager frequently texts, calls, and messages me during off hours of the day, night, and weekends (and on my personal phone). I already work some OT every day, and have been clear with my boss about the negative impacts. I always fulfill any commitments I make, and achieve my goals, but I also push back on some odd hours, to which I almost always receive a response of the likes of I must drop everything and work.

    Some examples:
    - An email at midnight asking me to be up early the next day (which of course I never saw because I was sleeping)
    - I was asked to work Sunday morning. I said I have weekend plans but I can make Sunday work, but only Sunday morning that weekend (not Saturday). That's where we settled. Then, Saturday morning I start getting texts, emails, and phone calls from my boss demanding (they are never an ask, always a command) to get online, work, call in, etc. I told them I am booked all Saturday, as previously stated, and will continue my Sunday commitment.

    Can my boss fire me over this type of pushback?
    Can I get laid off for this type of pushback? Would they potentially want to settle with me if it's bad enough?
    Can my boss force me to work nights and weekends, even with little to no notice?
    What rights do I have?
    Will talking to HR help in anyway?

    Thank you

  • #2
    1.) Yes.

    2a.) Yes
    2b.) Settle what? They're not doing anything illegal.

    3.) Unless you have a legally binding and enforceable contract that expressly and in so many words says otherwise, yes.

    4.) It would take too long to list all your rights here. But I can tell you that in terms of rights protected by law, none are being violated.

    5.) No way to tell. It might, it might not.

    Now, all that being said, I don't blame you for being upset, and I wouldn't like what's happening either. One right you do have is to find other employment. But I see something that raises a red flag; are you being paid for all this time?
    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
      Originally posted by cbg View Post
      1.) Yes.

      2a.) Yes
      2b.) Settle what? They're not doing anything illegal.

      3.) Unless you have a legally binding and enforceable contract that expressly and in so many words says otherwise, yes.

      4.) It would take too long to list all your rights here. But I can tell you that in terms of rights protected by law, none are being violated.

      5.) No way to tell. It might, it might not.

      Now, all that being said, I don't blame you for being upset, and I wouldn't like what's happening either. One right you do have is to find other employment. But I see something that raises a red flag; are you being paid for all this time?
      There is no OT compensation

      Comment


      • #4
        Then I have an additional question. Not all salaried positions are exempt; not all exempt positions are salaried. So while it could be that you are correctly classified as exempt, in view of what is happening it would be nice to confirm that. If you had to be paid overtime for all these calls or come-ins, it might discourage your employer from making so many.

        So, in as much detail as you can, please tell us what your job duties are. Not your title; your duties.
        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


        • #5
          Originally posted by cbg View Post
          Then I have an additional question. Not all salaried positions are exempt; not all exempt positions are salaried. So while it could be that you are correctly classified as exempt, in view of what is happening it would be nice to confirm that. If you had to be paid overtime for all these calls or come-ins, it might discourage your employer from making so many.

          So, in as much detail as you can, please tell us what your job duties are. Not your title; your duties.
          I run/manage a project/program.

          Comment


          • #6
            No, in DETAIL. That doesn't tell us anything.

            Let me give you an example of what I mean.

            I answer questions on benefit programs. I research problems and approve changes to employee's benefits. I sign off on 401(k) loans. I input documentation into our HRIS system. I schedule my team's work assignments. I supervise temporary staff. I oversee written communications. I find and report errors on our newly developing webpage. I assist the team leader on escalated cases. I assign escalated cases to the appropriate manager.

            Do you get the idea now?
            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
              Originally posted by ajax View Post
              I run/manage a project/program.
              That's probably not enough to tell if you are exempt or non exempt. Could you please give us a little more details re your actual duties. Also, do you manage/supervise any employees & if so, how many? Thanks.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                Originally posted by Betty3 View Post
                That's probably not enough to tell if you are exempt or non exempt. Could you please give us a little more details re your actual duties. Also, do you manage/supervise any employees & if so, how many? Thanks.
                Hi - I don't manage any people directly, but I do oversee a project from start to finish. This means I work cross functionally with various departments to get them to build a product.

                I'm not a programmer/engineer.

                Comment


                • #9
                  That's probably still not quite enough detail. Note cbg's example above. Can you give us IN DETAIL WHAT EXACTLY you do during the day - what does your day consist of? What does overseeing a project involve?
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment


                  • #10
                    With the information you've provided, you could be either exempt or non-exempt. As things as now, you're being treated as if you're exempt. That very well may be correct, and if it is, there's nothing you can do about what's happening except hope HR can tone him down (possible but not guaranteed) or find other work. But if you are non-exempt, which is possible, then you have to be paid for all that extra time he calls you or makes you come in when you're not scheduled. And if it goes over 40 hours a week, it's overtime.

                    It is your SPECIFIC DAY TO DAY JOB DUTIES that determine if you are exempt or non-exempt. This is a long shot - I'm not going to say otherwise. From what little you have told us, it's quite likely that you're correctly classified and you're stuck. But if we're going to find you any help at all, this is where it's going to be unless your HR is very persuasive.

                    So on a day to day basis, what are some of the things that you do in a normal day?
                    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

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