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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 17323
Experience:  Significant experience in all areas of employment law.
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I am a salary (exempt) employee. I work well over 40 hours a

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I am a salary (exempt) employee. I work well over 40 hours a week, and am told that we don’t get any compensation for that, and that there isn’t a limit on how much we can work. I also have to pull call every few weeks for a week and on the weekends (which I get because I am a nurse). I have always gotten a bonus = to time and a half when on primary (1st call) and I worked on 11/17/19 and then on 11/22/19 was told I wouldn’t be getting my bonus. Can they make us work well over 40 hours and can they take away the “bonus” after services are rendered?
JA: Is the workplace unionized? Has a grievance been filed?
Customer: The workplace isn’t unionized. All the nurses (9 or so) have raised these questions and many more with corporate Human Resources during an initial meeting in 6/19 and 7/19 and then they came back to us without anything new in 9/19 and without any answers
JA: Where are you located? Wage-and-hour laws vary by state.
Customer: Michigan
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am also getting paid less than my hourly wage when I pull back up call and now primary

Hello and welcome to Just Answer. My name is Patrick and it will be my pleasure to answer your question.

 

If you are properly classified as a salaried exempt employee (and nurses generally do qualify for exemption), then I am afraid there is no limit to how many hours your employer can require you to work for the same flat salary. Indeed, this is the very essence of what it means to be salaried exempt. Your employer is exempt from paying any additional overtime compensation.

 

As for the bonus matter, your employer can take the bonus away but cannot do so retroactively, meaning the new policy could only be applied to work occurring AFTER notice was given.

 

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.


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Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications, and the information provided is not legal advice.

Customer: replied 1 month ago.
If my hours are 830 to 5pm Monday thru Friday, then does my employer have any legal action if I am unable to work all the on call days they want me to work (such as saturday and Sunday’s)? We are required to work 1 week every 7 as back up, can I be mandated outside of that time frame?

It's not that they have a legal cause of action it's that they can simply choose to replace you with someone able to meet their needs. They could also reduce your pay (moving forward) or make other changes to the terms of your employment to create a disincentive for being unable or unavailable to work.

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