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My fiance has been working for a company for over 12 years…

My fiance has been...

My fiance has been working for a company for over 12 years in a management capacity. Very frequently she has to cover shifts and doesn't get paid a dime for it. Sometimes it's multiple times a week. So on top of her 40+ hour salaried work week m-f she sometimes has to go back for a 8-12 hour shift the same day and/or cover on weekend days.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Company is headquartered in Mass but she works in Rhode Island

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full-time as far as I know.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I believe they consider her an "except" employee. But I feel something isn't right with this whole scenario and of course she doesnt want to bring it up with them.

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Answered in 1 minute by:
3/13/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,873
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question. I'm sorry to hear about these obviously excessive demands being placed on your finance. Can you please tell me what the nature of her job is? I very much look forward to assisting you on this matter.

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Customer reply replied 1 month ago
She runs a major chain of US convenience stores/gas stations. She's a territory manager but has an home store she works at m-f.

Thank you.

So under federal law, employees are considered "exempt" from overtime if their job duties fall within certain categories enumerated by statute. If an employee is "exempt," then their employer is free to pay them the same flat rate salary regardless of how many hours the employee is made to work. The only limitation on hours is the fact that an employer obviously won't be able to retain employees if they over work them. Employees will simply leave to find better, less demanding work somewhere else.

Unfortunately, employees who spend the majority of their time engaged in management activities are generally exempt from overtime. To qualify for this exemption, the employee must have significant discretion when it comes to hiring and firing, and must be paid a salary of at least $455/week.

Even if the management exemption does not apply, there is another exemption called the "administrative" exemption which applies to employees who primarily perform work directly related to the management or general business operations of the employer and have discretion with regard to matters of significance.

Someone who "runs" a major chain of convenience stores likely satisfies one or both of these exemptions. This unfortunately, means that someone in your fiance's position would not typically be entitled to any compensation beyond her base salary. She can attempt to negotiate a better salary if she believes she is underpaid. Likewise she can leave this job for other work with more reasonable hours. But unfortunately, if her position is exempt from overtime, she cannot force her employer to pay overtime. I am very sorry.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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Customer reply replied 1 month ago
Thanks, ***** ***** I hope these laws are revised because they are completely unfair. I'm OK with putting extra hours in if need be without pay if you are on salary and exempt but when you have to cover a shift because of a call out or no show you should legally be entitled to the wages that employee would have been paid just like if a non-exempt employee would if they covered the shift.Thanks for your time

I agree with you that it's unfair. The only consolation I can offer is that it is negotiable with the employer. Just because something isn't legally required doesn't mean an employer won't consider it. To me it seems that your finance is invaluable to her employer, and so they will likely realize that if extra compensation for these covered shifts is necessary to keep her, that they will provide it.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,873
Experience: Significant experience in all areas of employment law.
Verified
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Patrick, Esq.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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