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John
John, Attorney
Category: Legal
Satisfied Customers: 4523
Experience:  Licensed and practicing attorney.
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I am a salary employee managing 13 commercial centers. The

Customer Question

Hi. I am a salary employee managing 13 commercial centers. The power needs to be shut down and fixed after hours. Tenants have been made aware and one tenant is being a pill. My boss tells me, not ask me, that I have to call and email this tenant once the work is completed at 3AM. How is that even allowed?
Submitted: 9 months ago.
Category: Legal
Expert:  John replied 9 months ago.

When you are salaried there's essentially no loss to the employer to mandate to you work any number of hours at any time of day. Likewise, there are no laws applying to adults that prohibit employers from mandating work at any given time of day. So, to answer the question how is this allowed - it's basically a lack of laws that protect you from this practice.

Customer: replied 9 months ago.
basically I am at the mercy of my employer to dictate my hours as they see fit? Why does my job description say Mon-Fri 7am - 4pm on call 24/7 for emergencies. I have been at my job for 20 years, had lots of bosses. This one takes the cake. At what point do I have rights?
Expert:  John replied 9 months ago.

I understand your frustration. The fair labor standards act (which was drafted in the late 30s) and the California wage & hour laws, which were modeled after that law, really were written for a time when there is a competitive labor force. Right now it's a buyer's (employer's) market, and employers know people need jobs. When the law was drafted it was envisioned that managers and professionals such as yourself essentially had bargaining power with their employers by way of being able to quit and join another employer or demand a higher wage. so salaried employees wouldn't need the protection of overtime to avoid being required to work herculean hours. From my experience this has not been the case for a number of years, but the law hasn't changed and attempts to amend the law have been stopped by congress.

So to answer your comments/questions - yes you are essentially at the mercy of your employer. Your description is not binding on the employer in the number of hours it can demand of you. There is no law limiting the number hours per week an employer can require of a salaried worker. The law basically states that you have the right to ask for a raise or look for another job if you are not happy with your hours; those aren't my words they are the legislature's words...back in the 30s anyway.

Expert:  John replied 9 months ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as itis the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

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