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  1. #1
    Indispensable Member surreal's Avatar
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    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)

  2. #2
    MR Meek and Mild Epidemic's Avatar
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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.

  3. #3
    Ride 'em Cowboy Steve R Jones's Avatar
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    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.
    "If you can keep your head and remain calm when all those about you are panicking...perhaps you don't fully understand the situation!"

  4. #4
    Ultimate Member nomaxim's Avatar
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    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?
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  5. #5
    Indispensable Member surreal's Avatar
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    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.

  6. #6
    Ultimate Member nomaxim's Avatar
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    Quote Originally Posted by surreal View Post
    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.
    If you have a listing of these lawsuits I would be more then happy to look them over, and I have no problem with posted court records.
    Quote Originally Posted by surreal View Post
    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.
    The Salvation Army is a charity oriented business, as such they are not looking to make a profit. I mean, the whole idea of a chairity is to provide money and services to the needy.

    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?
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  7. #7
    Ride 'em Cowboy Steve R Jones's Avatar
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    Quote Originally Posted by nomaxim View Post
    Why is your sister looking to make a profit by being employed by a charity?

    ummmm. Me thinks its to avoid getting on the needy list.
    "If you can keep your head and remain calm when all those about you are panicking...perhaps you don't fully understand the situation!"

  8. #8
    Ultimate Member mrniceguy's Avatar
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  9. #9
    Ultimate Member mrniceguy's Avatar
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    Quote Originally Posted by nomaxim View Post

    Why is your sister looking to make a profit by being employed by a charity?
    I don't know if that's supposed to be a jest, but running a charity requires laborers, and to suggest that they should be exempt from laws intended to protect people from virtual slavery is pretty silly.

    Many 'charities' make their executives rich at the cost of over half of what gets donated to them.

  10. #10
    Living the dream The Real Bingo's Avatar
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    Quote Originally Posted by nomaxim View Post
    If you have a listing of these lawsuits I would be more then happy to look them over, and I have no problem with posted court records. The Salvation Army is a charity oriented business, as such they are not looking to make a profit. I mean, the whole idea of a chairity is to provide money and services to the needy.

    Why is your sister looking to make a profit by being employed by a charity?
    Quote Originally Posted by mrniceguy View Post
    I don't know if that's supposed to be a jest, but running a charity requires laborers, and to suggest that they should be exempt from laws intended to protect people from virtual slavery is pretty silly.

    Many 'charities' make their executives rich at the cost of over half of what gets donated to them.
    +1.

    Just because it's a "non-profit" doesn't mean employees don't get paid. (And paid well. Sometimes.)

  11. #11
    Indispensable Member surreal's Avatar
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    You know the first time I read that I hadn't thought about what minimum wage would be in weekly salary- Now that I have I am wondering if she's earning 455 per week. I kinda doubt it.
    Thanks for your input.

  12. #12
    Ultimate Member mrniceguy's Avatar
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    Quote Originally Posted by surreal View Post
    You know the first time I read that I hadn't thought about what minimum wage would be in weekly salary- Now that I have I am wondering if she's earning 455 per week. I kinda doubt it.
    Thanks for your input.
    If you hit continue on that second link in the bottom left it goes on to more description, again and you get to lengthy descriptions of what's required to be exempt.

    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

  13. #13
    OAP Theophylact's Avatar
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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.
    Everybody's got something to hide except for me and my monkey. -- John Lennon

  14. #14
    Indispensable Member surreal's Avatar
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    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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