Employment Law

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Can an employer (************) DEMAND that their salaried…

Customer Question
Can an employer (************)...

Can an employer (************) DEMAND that their salaried exempt (plus bonus ) sales force to work weekends and not take an alternate week day off?

Lawyer's Assistant: Have they discussed this with a manager or HR? Or with a lawyer?

Manager and upper executives are stating it. If referenced to HR it would not be confidential

Lawyer's Assistant: We keep all your personally identifiable information confidential and even have people that double check to make sure something doesn't slip through. Your question goes out to the Employment Lawyer and then gets published with the answer to help others with similar problems.

Where and when will response be published?

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will and salaried

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

Not that I can think of

Submitted: 2 months ago.Category: Employment Law
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Customer reply replied 2 months ago
Management is requiring the sales force to schedule appointments with customers (stores, nurseries etc) in advance via online calendars management has access to so they know will they will be. They are also requiring the sales force to take pictures when they are at the stores and post them to their google doc accounts so management can see that they actually visited. The sales force work countless hours for months at a time (7 days a week) for peak seasons. Now they are requiring these add'l hours with no offer of add'l $$ or days off.
Answered in 17 minutes by:
3/30/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 2 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,234
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.

Unfortunately, nothing you have described would be unlawful conduct. Employers have vast discretion when it comes to managingtheir employees and the main limiting factor is simply that placing too great of demands will lead to employees leaving the company and high turnover. While bad management, it is not illegal to work employees "into the ground" in the sort of manner you describe. I wish I could tell you otherwise, but as a salaried exempt employee, you can be made to work any number of hours, on any number of days, to suit the needs of your employer's business. Again, it could be tremendously unfair and this seems to be the case in your situation. But there is no legal remedy for that sort of unfairness. All you can do is attempt to resolve things on a personal level or leave this job for a better job somewhere else. 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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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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