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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118151
Experience:  20+ Years of Employment Law Experience
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Do to the professional nature of my job, I am classified as

Customer Question

Do to the professional nature of my job, I am classified as exempt. Due to low staffing levels, I am continually scheduled, and more often then not, working 72+ hours a week. I am also being denied accrued benefits because unless another, already overworked employee, picks up extra time it will not be granted. Staffing levels have been suboptimal for >1yr. I also respond all over the State, and commute time is not taken into account. Every time I question it the only reply is "that's the nature of the job, and no one else can do your job, or your exempt." Is this legal? I LOVE my job, hate the brutal schedulel
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, the employment laws are written in favor of employers, not employees. This means that an exempt employee can be made to work as many hours as required by the employer, unless they have a written employment contract to the contrary. So, sadly, yes, absent a written employment contract or a union contract or civil service protection as a government employee, the employer can make you work as much as they need you and basically they can do what they are doing and as an at will employee you do not have recourse because if you refuse to work they can terminate you for good cause for not working.