Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I am a salary employee managing 13 commercial centers. The…

Customer Question
Hi. I am a salary...
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: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 10 minutes by:
3/7/2016
Lawyer: John, Attorney replied 2 years ago
John
John, Attorney
Category: Legal
Satisfied Customers: 5,984
Experience: Licensed and practicing attorney.
Verified

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.

Ask Your Own Legal Question
Customer reply replied 2 years 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?
Lawyer: John, Attorney replied 2 years 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.

Ask Your Own Legal Question
Lawyer: John, Attorney replied 2 years 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.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask John Your Own Question
John
John
John, Attorney
Category: Legal
Satisfied Customers: 5,984
5,984 Satisfied Customers
Experience: Licensed and practicing attorney.

John is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,642 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,059 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

43,763 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

297 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Legal Questions
is it legal to work a 9/80 schedule in California Our employees
is it legal to work a 9/80 schedule in California? Our employees are paid bi-weekly… read more
Allen M., Esq.
Allen M., Esq.
Officer and former adjunct prof.
Juris Doctor, Cum Laude
20,404 satisfied customers
Need help trying to figure out how to classify my employees
need help trying to figure out how to classify my employees for my business … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,059 satisfied customers
I am writing an employee handbook. Each employee receives 15
I am writing an employee handbook. Each employee receives 15 Paid vacation days a year. This is accumulative but can be used in advance. If the employee quits or is terminated, can I charge for any va… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
An employee is demanding a termination letter for a meeting
An employee is demanding a termination letter for a meeting he has with the labor board over his recent dismissal. I am concerned about him being on premise. Do I have to provide the letter and allow … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
Is it required by law for employees to take their PTO and
is it required by law for employees to take their PTO and not just take PTO pay? please assist … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
If an employee is on FMLA and the doctor feels that the
If an employee is on FMLA and the doctor feels that the employee may return to work with limited restrictions can Human Resources say they can not accommodate the employee with the given restrictions?… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,786 satisfied customers
If an employee is found not guilty of anything in an
If an employee is found not guilty of anything in an investigation, can the administrator still require them to write a letter of apology and then use insubordination laws as a leverage to do so? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
Is mandatory overtime (as in an extra 8 hour shift) legal
Is mandatory overtime (as in an extra 8 hour shift) legal for registered nurses in Missouri. This is a prison not a hospital. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
My employer paid non-exempt employees salary for years who
My employer paid non-exempt employees salary for years who worked overtime and didn't get paid time and a half. What is the time limit for contacting the labor department to complain?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
If a salaried employee is required to attend company events
If a salaried employee is required to attend company events which are outside the employee's regular working hours and attendance is voluntary and not directly related to employee's job and does not p… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,786 satisfied customers
In California, What is required of an employee to be
In California, What is required of an employee to be eligible to qualify for Temporary Total Disability benefits?… read more
Edward Young
Edward Young
Juris Doctor
450 satisfied customers
Last year I worked alot of overtime during the first six
Last year I worked alot of overtime during the first six months then reduced to just 40 hour weeks for last 6 months, just barely qualifying for ch. 7. After filing, I went back to working ot. Can tru… read more
Michael Bradley
Michael Bradley
JD
1,424 satisfied customers
I'm a salaried employee and I also serve in the army
I'm a salaried employee and I also serve in the army reserves. When im on orders and I'm not at work for a week my job doesn't pay me. Is this legal. I work in Maryland … read more
KLAW
KLAW
Juris Doctorate
2,170 satisfied customers
I am a federal employee with an employee relations issue,
I am a federal employee with an employee relations issue, and I don't know where to go for help. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
Are teaching contracts considered overtime pay? IL. It is
We are required to teach 5 classes per semester but, upon approval, can teach additional classes for a sum provided in our contract--are these additional courses considered overtime pay?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
Is lost overtime money considered personal property, if so
Is lost overtime money considered personal property, if so can you provide a NY law definition that states it? Thank You… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,786 satisfied customers
Do you have to pay overtime to salaried office employees -
Do you have to pay overtime to salaried office employees - if they choose to do it without pre-approval … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
Can overtime pay be with held at employees request and paid
Can overtime pay be with held at employees request and paid on next pay? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x