Limits on Working Hours for an Exempt Position
My question involves employment and labor law for the state of: New York
Hello, new to the forum and have been trying to find out information about working hours for exempt/salaried positions. I understand that for non-exempt individuals that they are required to get overtiime after 8 hours or 40 hours a week. In my case, I work in an exempt position. I know that overtime isn't paid, however my question is this: Do you have to work late if you don't want to. For instance I remeber someone telling me that its your choice in the matter that if its a salaried position that you dont really have to work late if you dont want to. We all know that its like an unspoken rule that usually there is compensation given back to people who work late through bonuses or what not for exempt positions. I am currently looking for a new job because of harrassment at work, however I also do not receive bonuses of any sort and have been in my current position for a couple years now. I no longer want to work late for these people if its not required of me. Do I have to work more than 40 hours if they want me to? Am I allowed to go home after 8 hours or can they fire me over the fact that I do not wish to work longer than 40 hours a week. I thought there was a law somewhere stating that you dont have to if you dont want to. I am afraid that they will fire me if I refuse to keep working late for them. I just want to know my rights in this situation. If they cant make me work late, can I sue them for firing me over this?
Any help would be greatly appreciated.
Re: Exempt Position and Working Hours
You can be fired for any reason or no reason except for illegal discrimination.
No, you don't have to work late if you don't want to.
But the boss can fire you if you don't do what it takes to please him.
If that happens you'll have no legal recourse but you should be able to collect unemployment compensation.
That you feel harassed there means your days there are probably numbered anyway.
Re: Exempt Position and Working Hours
Exempt status has nothing whatsoever to do with working hours. There is no law anywhere that says you don't have to work if you don't want to. Both exempt and non-exempt employees MUST work the hours their employers' want them to work - the only difference is that a non-exempt employee get paid overtime if they work over 40 hours in a week (the 8 hours in a day applies in only 3 states - yours is not among the three states) whereas an exempt employee does not. However, an exempt employee also gets paid for the full work week if they work any part of the week (certain exceptions apply) whereas a non-exempt employee does not. There is NO "unspoken rule" that an exempt employee is supposed to get bonuses. They MAY get bonuses but there's no legal requirement for it.
They most certainly can require that you work late, fire you if you don't, and you will not have any grounds for a lawsuit. It is QUITE common and very, very legal for an exempt employee to work 50, 60, 70 or even more hours a week on a regular basis.
Re: Exempt Position and Working Hours
Thank you guys for the really quick responses. I am just curious, why are exempt positions even agreed upon in this case, like why are salaried jobs so common if they can basically enslave you. Seems pretty odd that there is no law preventing salaried position from being overworked without the approval of the employee.
Re: Exempt Position and Working Hours
why do people do it? Because they want the job and are willing to accept those terms. It's as simple as that.
And yes, a lot of exempt employees get taken Advantage of.
Re: Exempt Position and Working Hours
Not all salaried jobs are exempt; not all exempt jobs are salaried.
Exempt employees are not paid on the basis of the hours they work, something that seems to escape far too many of them. Exempt employees are exempt from one thing and one thing only - that is overtime pay. They are not exempt from any employer policies, not even the ones on work hours.
Re: Exempt Position and Working Hours
"Exempt" is not defined by the employer or the employee, it's defined by federal and state law.