Who do we have that is a Lawyer? Have a question if you have a moment please.

[Richard L]

Uncle Bob,

Exempt or Non-Exempt has nothing to to with how much you are paid. I have always been exempt in every job I have had over the past 23 years since I retired from the military and never earned more than $72K per year.



It usually is linked to if you are part of managment or administration rather than a laborer. Exempt employees are never paid by the hour, even though they may be required to punch a time clock or record their time. Exempt employees are often paid baised on the responsibility they have, and the necessity to complete their task regardless if that requires them to work beyond the normal 8 hours a day, or 40 hours a week. Many Exempt employees work considerably beyond the 40 hours per week and do not receive overtime pay. To balance things out, they are usually given more liberal time off for personal business or if they take an extra 15-20 minutes for lunch, etc.



...Rich

 

[OFF TRAC]

hum...I'm actually a Labor Law Investigator in Texas, don't know how much of the State Labor Law enforce here in Texas would apply to the issue Coastiejoe has but with regards to anything on the federal level (US Department of Labor), all Labor Law investigators also enforce the Fair Labor Standards Act (FLSA). The US Department of Labor (Federal) will have jurisdiction over most issues and thier decision takes presidence over any order the State may have issued. You may want to take a look at the DOL website and see if some of the information there can assit you. There are varios examples, exceptions and stuff with regards to type of job being done and requirements of overtime and such. Use the elaws advisor and the search DOL AtoZ link on the site. You may find something useful with regards to the issue you and your co-workers may have.

 

[Thomas Rogers]

As an hourly, union employee working highway sign construction I was in a similar situation.



We often worked 4, 10 hour days and were paid straight time, and sometimes even worked 3 approx 13 hour days for the same straight 40.



And, sometimes 12 hours one day, 6 the next.



With travel to the job sites (not paid), weather, heat, long summer days, etc, sometimes it just made sense.



*BUT*, often when we had local union laborers working with our crews we had to pay them OT for each hour past 8 hours worked that day.



TJR

 

[Tom Schindler]

often when we had local union laborers working with our crews we had to pay them OT for each hour past 8 hours worked that day.

That is the way it should be. Been there, done that.



Work 16 hours on monday, 8 on tue, wed, and thurs. then get told there isn't any work, so take the day off. They end up working another guy with 2 hrs of OT that day because I would be getting 8 hrs of OT.





Tom

 

[Ron Tobias]

CoastieJoe,



It'd not likely you will find anyone here (or anywhere for that matter) that will understand the inner workings of LEAP. Your best bet is to check with a FLEOA lawyer if you haven't already. I think the BP may already have a LEAP case in the works. They too, are scheduled 10 hour days.



R.T.

 

[Richard Michalik]

I was just talking to my brother about this today. He works for a power company in Illinois. Every employee has to donate 5 hours a week to the company. So they have to work 45 hours and only get payed for 40. PLUS anything over 45 is still at striaght time. They have no overtime. They pretty much make them work 60 to 70 hours a week. They had a lawsuit against the company a couple of years ago for this and lost it. Well they won it first and 3 days later a higher court overturned it. I think something is rong there.



Rich

 

[Thomas Rogers]

Rich in Spring Hill, that 5 hours each employee had to donate each week, that wasn't by chance their total lunch hour time for the week, was it?



Also, Rich, you say "I think something is wrong here?"



To that I say people can opt to leave if they want.



TJR

 

[Richard Michalik]

Nope, Lunch is not paided either, which most job are like that. Your right. They can leave. Thats what I told my brother, but because he is so stressed. He know he can leave, but he says the pay is too good to leave.



Rich

 

[Thomas Rogers]

>> but he says the pay is too good to leave.



There you go...a value proposition that is tipped towards your brother in law by his own admission. Capitialism works!