Legal Question in Employment Law in New Jersey
salaried manager hired for 47 hrs now must work 60
i am a salaried manager hired to work 48 hrs told this week we must work 60 hrs for the next three week and no comp day off we must work 4 twelve hour shifts or work on our day off, we get some money but its not time and half and we must work can not refuse is this legal
2 Answers from Attorneys
Re: salaried manager hired for 47 hrs now must work 60
Probably is legal. You are a salaried manager, so you are most likely exempted from the FLSA.
Re: salaried manager hired for 47 hrs now must work 60
If you are an exempt employee by virtue of being a salaried manager and do not have an employment contract, the company probably can do that. There are two other things to keep in mind:
1. There may be a contractual violation giving rise to civil damages even though the practice does not violate a statute. The contract does not necessarily have to be formal or in writing. A written offer letter might do expecially if it is recent.
2. If you leave as a result of the extended working hours, there is a good chance that you will prevail in an unemployment compensation dispute because the radical change in required working hours constitute a "constructive discharge."
3. Under some circumstances, you may be able to make a case for compensation for the additional hours or to be treated as an hourly employee since the employer is attempting to dictate the hours that you have to work for your "salary".
See also: http://info.corbettlaw.net/lawguru.htm
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