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  1. #1
    Join Date
    Jun 2009
    Posts
    3

    Unhappy Exempt Manager Forced to Perform Hourly Employee Duties

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

    I work at a hotel. In order to save money and met budget, I was forced to perform hourly employees duties. I spent a significant amount of time to basically replace an hourly staff hours, working really long hours. There were days I was working from 7 am to 8 or 9pm. Is this legal?

    Second question, I recently went through a 2-month psychiatric therapy because of the stress and I honestly cannot take this anymore. May I quit my job and apply for EDD while looking for a part time job and go back to school?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Exempt Manager Forced to Perform Hourly Employee Duties

    Is this legal?
    Sure is. No law protects management from having to sully themselves with grunt work, neither does the law protect them from having to work longer hours.

    May I quit my job and apply for EDD while looking for a part time job and go back to school?
    No. Quitting for no compelling reason disqualifies you from drawing UI. ("I can't take it anymore!" is not a good enough reason.) Attending school disqualifies you from drawing UI because it renders you unavailable to accept full time work.

  3. #3
    Join Date
    Jun 2009
    Posts
    3

    Default Re: Exempt Manager Forced to Perform Hourly Employee Duties

    Thank you.

    So if I have to cover for other departments in their absence due to our overall labor cut, would this be legal?

    To flip my initial question around, is it illegal for an exempt employee to replace non-exempt employee's work? (in a non union hotel)

    Lastly, even if the stress is affecting my health I am not able to get out of there while looking for a job? and what if I will be in school part time?

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

    Default Re: Exempt Manager Forced to Perform Hourly Employee Duties

    It is not illegal for an exempt employee to handle non-exempt tasks. If more than 50% of the work the employee does in any given week is non-exempt, then FOR THAT WEEK ONLY the exemption is lost and the employee is due overtime. However, the law does NOT say that exempt employees can never handle any non-exempt duties. It is a rare exempt position that doesn't include SOME non-exempt tasks as a regular thing.

    This answer remains the same regardless of industry or state. Turning it around is not going to get you a different answer.

    If you quit you don't get unemployment.

  5. #5
    Join Date
    Jun 2009
    Posts
    3

    Default Re: Exempt Manager Forced to Perform Hourly Employee Duties

    If this happened earlier this year, what kind of proof do I provide in order to obtain OT compensations? I can also see this coming up again later this year.

    Who can help me in California? and should I go straight to DOL but skip the HR at our work place?

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