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FLSA (Fair Labor Standards Act) Exemption and Overtime Question

Posted on 7/29/14 at 2:58 pm
Posted by Veritas
Raleigh, NC
Member since Feb 2005
6173 posts
Posted on 7/29/14 at 2:58 pm
I apologize in advance if I do not communicate this effectively, but if an employee is FLSA Exempt, can the employer in turn force the employee to come in on a weekend to work?

Please move to the Poli Board if that is a better place for this.

Posted by Skin
Member since Jun 2007
6370 posts
Posted on 7/29/14 at 3:00 pm to
Don't be that guy. Just take one for the team this weekend.
Posted by Veritas
Raleigh, NC
Member since Feb 2005
6173 posts
Posted on 7/29/14 at 3:01 pm to
When you are worked to the bone, paid shite, it starts to wear on you...

And yes I'm thankful just to have a job.

Posted by KosmoCramer
Member since Dec 2007
76449 posts
Posted on 7/29/14 at 3:01 pm to
You need to give more data. What type of job and compensation?
Posted by Pettifogger
Capitol Hill Autonomous Zone
Member since Feb 2012
79070 posts
Posted on 7/29/14 at 3:03 pm to
Assuming actually exempt and nothing else in play, your employer can ask you do to what they need you to do. If you don't do it, your job is in jeopardy, like most other insubordination.

But the latest trend is to dispute exempt classifications. Sounds like you just need a new job man.
Posted by Veritas
Raleigh, NC
Member since Feb 2005
6173 posts
Posted on 7/29/14 at 3:04 pm to
Inside Sales, Compensation is around 40k, not commission based, MBO based.
Posted by Veritas
Raleigh, NC
Member since Feb 2005
6173 posts
Posted on 7/29/14 at 3:05 pm to
quote:

Sounds like you just need a new job man.


Soon enough, just need to get to the two year mark as an Account Manager for resume purposes.
Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
73674 posts
Posted on 7/29/14 at 3:05 pm to
If you can't be forced to come in what will you do when they say come in or be fired?
Posted by elposter
Member since Dec 2010
24829 posts
Posted on 7/29/14 at 3:08 pm to
quote:

can the employer in turn force the employee to come in on a weekend to work


No.
Posted by Hammertime
Will trade dowsing rod for titties
Member since Jan 2012
43030 posts
Posted on 7/29/14 at 3:14 pm to
What do you sell that so many people buy on the weekends?
Posted by The Third Leg
Idiot Out Wandering Around
Member since May 2014
10037 posts
Posted on 7/29/14 at 3:17 pm to
quote:

Inside Sales, Compensation is around 40k, not commission based, MBO based.

This exemption has come a long, long way.
Posted by Veritas
Raleigh, NC
Member since Feb 2005
6173 posts
Posted on 7/29/14 at 3:17 pm to
quote:

If you can't be forced to come in what will you do when they say come in or be fired?


Clearly if they threatened me with that BS I would come in and work. Ultimately I will still come in and work, even though it is entirely unnecessary.

I just don't understand fundamently how an employer that only pays you for 40 hours of work can then expect you/tell you to come in to work on the weekend when the employee isn't compensated for it.
Posted by Hawkeye95
Member since Dec 2013
20293 posts
Posted on 7/29/14 at 3:19 pm to
quote:

Inside Sales, Compensation is around 40k, not commission based, MBO based.


they can pretty much force you to come in. depends on where you work, but they own you.
Posted by Veritas
Raleigh, NC
Member since Feb 2005
6173 posts
Posted on 7/29/14 at 3:20 pm to
quote:

What do you sell that so many people buy on the weekends?


It's not as much for calling on clients/customers, but for database cleanup and entry. Government Sales so busy season is about to seriously ramp up, which I understand the need from the management side, but IMO there needs to be a give and take on both sides.
Posted by Pettifogger
Capitol Hill Autonomous Zone
Member since Feb 2012
79070 posts
Posted on 7/29/14 at 3:21 pm to
quote:

I just don't understand fundamently how an employer that only pays you for 40 hours of work can then expect you/tell you to come in to work on the weekend when the employee isn't compensated for it.



How did you reach the conclusion you're only being paid for 40 hours?
Posted by WPBTiger
Parts Unknown
Member since Nov 2011
30851 posts
Posted on 7/29/14 at 3:22 pm to
quote:

I just don't understand fundamently how an employer that only pays you for 40 hours of work can then expect you/tell you to come in to work on the weekend when the employee isn't compensated for it.


Take another day off
Posted by cleetus
Houston
Member since Nov 2010
4031 posts
Posted on 7/29/14 at 3:24 pm to
i'm not sure why this is really an issue. It's your job, if you have to come in on the weekend (or stay late) to get it done, you do so.

I know i've worked on weekends before and sure i'm certain to have to do so again. It's just part of the job, and no, not part of the job in the scope of my job, just to be able to complete the task before a deadline it may be required.

SHouldn't be an issue of exempt or non-exempt in this situation. Go into work and get your stuff done.
Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
73674 posts
Posted on 7/29/14 at 3:25 pm to
quote:

just don't understand fundamently how an employer that only pays you for 40 hours of work can then expect you/tell you to come in to work on the weekend when the employee isn't compensated for it.


If you are paid hourly you have an argument. If you are salary it isn't quite so clear.
Posted by Hawkeye95
Member since Dec 2013
20293 posts
Posted on 7/29/14 at 3:25 pm to
quote:

It's not as much for calling on clients/customers, but for database cleanup and entry. Government Sales so busy season is about to seriously ramp up, which I understand the need from the management side, but IMO there needs to be a give and take on both sides.


you are going to have a very painful career. The reason they are called "bosses" is b.c they can "boss" you. they own you.

I understand why you would want to have the w.e off, but a boss just sees his goal and well frick YOU.

Give it up accept that they will eat you alive, you will be much happier.

I would also suggest making sure to take all of your shits on their time. not yours.
Posted by SG_Geaux
1 Post
Member since Aug 2004
77923 posts
Posted on 7/29/14 at 3:26 pm to
I am salary and normally work a 45 hour week. This week I worked 80 hours and I won't get paid any extra. Sometimes shite happens. Suck it up OP.
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