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March 18th, 2011, 11:25 AM #1
How many hours can you be forced to work under the guise of being a salaried employee
At some point there must be laws to keep an employer from taking advantage of someone that is salaried. My sister-in-law was a store employee at The Salvation Army retail store. After 3 months they made her the store manager and it was a salaried position. Her pay is not much more than minimum wage for a 40 hour week, yet she is required to work 70 to 90 hours per week. I think its illegal, what do you think?
(I've tried to go through government regs but it's a daunting task)
March 18th, 2011, 11:36 AM #2
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Can my boss force me to work overtime? - Free Legal Information - Nolo
I think if she is management/exempt then she is a slave to her company. She has but one course of action if she does not like it. She can quit or negotiate more reasonable hours.
March 18th, 2011, 11:44 AM #3
I used to manage retail stores... For seven years the stores only had two people with keys to the front door.. No assistant manager - no time off for me. Thank God, it was back in the day when stores closed on Sundays..... BUT, six of those years I got time and a half for everything over 40 hours..
Had an accounting manager position where I averaged 50 to 60 hours per week for straight salary. The unpaid OT was why I quit and went elsewhere.
Your sister-in-law basically agreed to do what ever it takes to run the place for the agreed upon salary..... In theory, she should be able to train her employees to pick up the slack which would allow her some time off... On the other hand - she probably has a good idea why there was a vacant mgr position."Common Sense is a flower that doesn't grow in everyone's garden."
March 18th, 2011, 04:51 PM #4
While Federal laws are in place in this instance, State laws may be the most important. Also, you must remember that the Salvation Army is a charitable organization in which the laws/regulations vary by State. Usually a management position is not covered by the same laws/regulations as hourly employees at both the Federal and State levels.
Kinda like what Steve is posting above.
Have your sister check with a local lawyer specializing in labor law.
Last edited by nomaxim; March 18th, 2011 at 04:54 PM.Well, if crime fighters fight crime and fire fighters fight fire, what do freedom fighters fight? They never mention that part to us, do they?
March 18th, 2011, 05:06 PM #5
Ya, that's not going to happen, she's not making more than minimum wage. She said there's about 7 lawsuits pending from previous managers. What kind of organization helps the public while shafting the employees? I doubt they'll ever get my money again.
I think part of the problem is that unemployment is so high here in Flint Michigan that people will work for anything because they're desperate. And business will take advantage of that.
March 18th, 2011, 05:33 PM #6
Why is your sister looking to make a profit by being employed by a charity?Well, if crime fighters fight crime and fire fighters fight fire, what do freedom fighters fight? They never mention that part to us, do they?
March 19th, 2011, 04:35 AM #7
March 19th, 2011, 01:19 PM #8
March 19th, 2011, 01:25 PM #9
Many 'charities' make their executives rich at the cost of over half of what gets donated to them.
March 19th, 2011, 03:12 PM #10
March 19th, 2011, 03:20 PM #11
March 19th, 2011, 03:55 PM #12
overall description of exempt management/executive:
U.S. Department of Labor - Wage and Hour Division (WHD) - Fact Sheet
Form with specific questions to find out if you are exempt:
elaws - FLSA Overtime Security Advisor
March 19th, 2011, 04:45 PM #13
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It may be a charitable organization, but it's not charitable towards its employees. I stopped donating to them years ago because of their hiring practices:The Salvation Army in the U.S. has been the topic of some controversial discussions about discrimination against homosexuals in their hiring practices. The New York Times reported that the Salvation Army believed it had a firm commitment from the White House to issue a regulation that would override local antidiscrimination laws. A disclosure of The Salvation Army's request "outraged some civil rights groups and lawmakers," and resulted in an immediate reversal of a previous promise to honor the request.
The Salvation Army maintains that they were "not trying to get permission to discriminate against hiring gays and lesbians for the majority of its roughly 55,000 jobs and merely wanted a federal regulation that made clear that the charity did not have to ordain sexually active gay ministers and did not have to provide medical benefits to the same-sex partners of employees."
The Salvation Army's position is that because it is a church, Section VII of the U.S. Civil Rights Act of 1964 explicitly guarantees its right to discriminate on the basis of its religious beliefs in its hiring. To reinforce its position, it threatened to close all soup kitchens in New York City when the city government proposed legislation that would require all organizations doing business with it to provide equal benefits to unmarried domestic partners.It is impossible to overlook the extent to which civilization is built upon a renunciation of instinct. -- Sigmund Freud
March 19th, 2011, 05:37 PM #14
I do know that they don't take any government money and therefore are exempt from the ADA laws.
It's also a place writ with nepotism. I applied to a position in the social services dept. I had already worked there as an intern and did a good job, and the head of the department wanted me hired. Unfortunately the Captain hired someone for another Captain as a favor, her experience was interior decorating. I met her the last week I was there, she would sit w/ the secretary (also a friend of the Captain's) and make fun of the people that came in for services when they left. I tore her a new one over her terrible and insensitive behavior and made her cry as my last act before leaving.
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