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  1. #1
    Join Date
    Apr 2012
    Posts
    3

    Default Salaried Worker Contacted by Boss at All Hours

    My question involves employment and labor law for the state of: IL

    Hi. I have recently started a new position at a company in IL. I am a salary worker. I think im exempt but not really sure. I have never worked for salary before. I make roughly 35k per year with additional reimbursements for expenses.

    My problem is this; My company has a very work-a-holic culture as it turns out. I get emails, calls, and txts at all hours of the day ranging from 5am to 11pm. I tried taking a night off ( starting at 5pm one night ) for a once a year religious observance ( i wont be specific ) and angered my boss so much I felt that my job was at stake. It kind of angered me. So the next week I told him that I was taking Sunday off. I told him this after putting in 16hr days in monday through friday and working a full morning on sat. He went CRAZY !! He told me that if i couldnt take the work then to quit, told me that this was in fact the job that i had signed up for, and that if i didnt report to work on sunday he would write me up ( which in my company is slang for "im writing you up so that you cant get unemployment when i fire you ).

    One night last week at 10:30 at night my boss txted me a dozen times saying there was a disaster that needed my attention. After I didnt respond ( cuz a "disaster" is a matter of opinion ) he began to heckle me txting that he knew i was awake, he knew i was getting his txts, and name calling!! wow!

    When i started this it was described to me as "if i can get my work done in 5 days then it will take 5 days... if i can get it done in 3 then ill have a 3 day work week." The problem is that i am constantly being told to do more than i think is needed to keep the wheels in my department turning. And if my department is running well then the bosses tell me to assist other departments that i do not have any responsibility to. This will never end if they feel that my job duties include every arm of the company !!

    Do I have any options short of quitting? are any laws on my side here or should i start looking for new work ?

    Thanks and hope ive accurately described the situation

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Abused Salary Worker. or Am I

    No one can make your boss work you less hours. If you are in doubt about your salary worker status, check out this link.
    http://www.flsa.com/coverage.html

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Abused Salary Worker. or Am I

    Sounds like you work for a real jerk. But being a jerk is not against the law, and he's not violating any laws. He's just being a jerk.

    Your job duties are whatever your boss says they are. It doesn't matter what you think you're supposed to be doing; it only matters what your boss wants you do to.

    IF you are salaried non-exempt, then you have to be paid for all the time you actually work. But in your state, while you are entitled to one 24 hour period off per week, you can legally be required to work the other 144 hours per week (it would be stupid, but it would be legal). And if you are exempt, then there are no circumstances whatsoever in which you are entitled by law to a single penny above your annual salary. Even if you work 168 hours per week.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Abused Salary Worker. or Am I

    Sounds like you work for a real jerk. But being a jerk is not against the law, and he's not violating any laws. He's just being a jerk.

    Your job duties are whatever your boss says they are. It doesn't matter what you think you're supposed to be doing; it only matters what your boss wants you do to.

    IF you are salaried non-exempt, then you have to be paid for all the time you actually work. But in your state, while you are entitled to one 24 hour period off per week, you can legally be required to work the other 144 hours per week (it would be stupid, but it would be legal). And if you are exempt, then there are no circumstances whatsoever in which you are entitled by law to a single penny above your annual salary. Even if you work 168 hours per week.

  5. #5
    Join Date
    Apr 2012
    Posts
    3

    Default Re: Abused Salary Worker. or Am I

    so i am entitled to 1 day off per week?? do you have a link where i can read more on that law?

    thanks

  6. #6
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Abused Salary Worker. or Am I

    In order to determine whether you get a day or not, you have to know if you are exempt or non-exempt.

  7. #7
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Abused Salary Worker. or Am I

    Quote Quoting ilovemyjob
    View Post
    I am a salary worker. I think im exempt but not really sure.
    What type of industry do you work in? (not actual name of employer) - what are your duties/responsibilities? What is your job title?

    Thanks.

  8. #8
    Join Date
    Apr 2012
    Posts
    3

    Default Re: Abused Salary Worker. or Am I

    im an Area Manager for a janitorial company.

    I oversee cleaning crews that operate in a number of retail stores. Bout 100 emps under me. I was told that my job duties were management; scheduling, hire/fire, budget reports, quality control reports on the stores, supply ordering, communication with upper management and clients, and time to time actual cleaning work with crews if we are a man short and i cant hire someone fast enough to replace him/her.

    As it turns out im expected to clean every morning with a crew; 7 days a week. transporting broken equipment from sites to the office is a full time job in itself. if HR wants a paper signed by all employees or a form hung up in store closets i have to drive all over and do it. I had an employee recently get fired because we hired them over 10 years ago and never checked their id's. turns out they are illegal. hr is sending me their last check and i have to track this person down to give it to them and get them to sign a form. And my boss gets one time cleaning jobs every week and calls all the area managers in to clean it. He has a budget for employees to clean it but would rather use us cuz we are free labor. And i cant have plans. Personal or business. If i dont show up my job is on the line. He called me at church yesterday ( 1.5 hrs a week im there ), and i didnt ans. then came 12 texts. i called him back and told him where i was and he said it was totally unacceptable and that i can never have my phone off.

    maybe im wrong in all this. could be that my first "big boy" job just isnt what i thought it would be. But it really feels like im given the title manager so they can pay me a salary in hopes of using me for anything and everything they can think of cuz im free labor. im not even sure if that is wrong... just crappy.

    ( oh and as a side note i just remembered that we are required to sign a waver of the 7-day labor law upon hire. its presented to us that "if this ever happens" and not as "this is you job every week you work here". )

    Thanks for all the help. Ill prob just leave this job. My boss lost his GF and his health from this job. Im not about to loose my family, health, or religious activities over this.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Abused Salary Worker. or Am I

    It's not the title that determines exempt status. It's your duties. But I can't tell from here what you actually DO. Your job description sounds exempt, but it's not clear if you are actually fulfulling the job duties on the job description.

    So probably the best thing for your to do is get an opinion from the DOL.

    FYI, just to reiterate; the ONLY question at issue here is whether you are due compensation for the additional time you work; NOT the legality of the boss's requirements.

  10. #10
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Abused Salary Worker. or Am I

    Agree that your job description sounds exempt but we can't say you are definitely exempt based on the information received. Your best bet would be to run it by the DOL as suggested.

    If it is determined you are non-exempt, you would need to be paid for all time worked, overtime when applicable & be entitled to 24 consecutive hours off per week. (though in your case you mention a waiver you signed regarding the 1 day off in 7)

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