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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 29311
Experience:  Former judicial law clerk, lawyer
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Can you help since I am in Colorado. This is my case: I was

Customer Question

Can you help since I am in Colorado.
This is my case:
I was hired in 2006 as a salaried employee for 40 hrs.
Most of the days’ due employees calling in sick, had to work more than 10 or more hours.
No overtime was paid for the last ten years.
Now they are trying to reduce the salary (wage cut) and making it 40 hrs. X amount 10 hours’ make believe overtime Xxxx amount equivalent making it the original 40 hour salaried wages earned so far, just to circumvent the government regulation that all salaried employees be paid $53,000/
The Circle K is treating us like handyman, requiring to paint, power wash toxic materials, pulling weeds etc. for the same wages saying that the CO has no money.
Circle k is violating the OSHA regulations since there is only one employee at a time for their 8 hour shift. Under the new expectation a to be implemented, the SM’s are allowed to speak on the phone one minute, I have peed in my pants during working hours, passed stool in my pants had to call my daughter to bring in fresh pants. Sometime I have to use the Rest room leaving the store to a friendly customer. So is in the case of CSR’s who have peed in their work cloths during their 8 hour “no break shifts” Is this a violation of the OSHA?
Why do I have to work 10 hours each day and comeback to the store and work another 8 hours “free” when a employee is sick or did not come? Just by calling them the make believe owner? Entrepreneur? Responsibility of a Store Manager? trying to make them hourly?
The new CEO of Circle k said in one of her motivating letters say that “the efficiency of the worker will go down after 8 hours. “
Not me, not yet anyway.
They promise overtime after 50 hours but no one can go more than 50 hours, since they do not allow CSR’s to overtime. And counsel the SM if CSR go overtime? Same thing will happen when SM go make believe overtime if they go more than 50 hours a week.
Hostile work environment for want of money and to circumvent the government proposals, or regulations in a Free country where everybody is treated equally?
Setting up employees against the Store Manager?
Making accusation meetings with the Employees and asking the Manager to "shut up"
Working hours from 5AM till 3-00PM without a break even to go to the rest room, eat lunch, smoke or call family on the phone?
Is This a "free country"? Or greed by line Management?
Please help me this is not a slave country.
Thank you
Customer
Submitted: 9 months ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 9 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

What is your official job title? What work were you hired to perform?

Customer: replied 9 months ago.
I was hired for 40 hours to perform the job of a Store Manager.and now they want to make me work 50 hours with 40 hours pay, the title they want to use as "hourly Mnager" to circumvent the govt regulation of paying $53000/- for salaried manager.
Expert:  Lucy, Esq. replied 9 months ago.

But you said you work there alone, right? You're not actually managing or supervising any other employees?

Expert:  Lucy, Esq. replied 9 months ago.

Did you ever have any sort of genuine input into the hiring and firing of other employees?

Customer: replied 9 months ago.
my job is to hire and fire, train the Employees and work with them.But of late they interfere with this job of my job requirement
Expert:  Lucy, Esq. replied 9 months ago.

What federal law says is that a person may be exempt from minimum wage and overtime requirements if they make a certain minimum salary (which, as you know, is increasing this year), if they are paid on a salaried basis, and if they perform certain specified job functions. If you're a manager, performing all the duties a manager would normally do, they unfortunately are properly classifying you as exempt - for now. As long as your primary duty remains management, they're allowed to ask you to work as many hours as they like, with no required compensation over 40 hours a week. (As long as they increase your minimum salary). Note, though, that if you've spent significant amounts of time working alone, not supervising anyone, you could petition the Department of Labor to review your status and see if you're entitled to overtime.

The Colorado laws that require an employer to provide meal and rest breaks for employees do not apply to managers and other exempt employees. If they change your status to non-exempt and start paying you by the hour, they'll be required to provide a half hour unpaid meal break any time you work more than 5 hours, plus paid ten minute rest breaks for every 4 hours worked. You'll have the ability to report them to the Department of Labor if they refuse to provide these breaks or to allow you to lock the door for short periods during your shift to use the restroom.

There's no law that prevents them from reducing your hours to 40/week and paying you by the hour, as long as you're willing to accept that change. You cannot be required to accept the change - you're free to quit and seek employment with someone who will treat you better.

Customer: replied 9 months ago.
Can you send me an attorney to file a defamation suite?
Expert:  Lucy, Esq. replied 9 months ago.

We're unfortunately not allowed to make specific lawyer referrals. However, a good place to find someone in your area is www.martindale.com.

Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

Customer: replied 9 months ago.
I am still in the dark as to my defamation rights, human rights least of all harassment .
Expert:  Lucy, Esq. replied 9 months ago.

This is a question about salaried versus exempt employment. That's the question you posted originally. If you'd like to ask about defamation, the terms and conditions of the site require that I ask you to open a new question page.

There's nothing in your question that points to legal harassment, and I explained above why the way your employer is treating you is not illegal. (It WILL be illegal once you're switched to hourly, if you continue working there.) I'm happy to answer any specific questions you have about the information I provided, but I need to know what it is you'd like explained further.

Customer: replied 9 months ago.
As you say I have rated your answer as excellent and also a tip for $9
Customer: replied 9 months ago.
now I will open a new page for defamaton
and the next page for harrassment
Customer: replied 9 months ago.
My account is debited by $ 53.00
Expert:  Lucy, Esq. replied 9 months ago.

Thank you very much.

I'll ask customer service to contact you. Experts unfortunately aren't able to see the specifics of customer accounts.

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