overtime and benifets
My boy friend has worked for the same company for 19 years. It was at one time a family business but was sold about 8 or 9 years ago. The main office is up north and where my boyfriend works there are himself and 3 other employees which is one sales person and 2 drivers. His job description up until this week has been office manager where he was in charge of all the office work in addition to the warehouse. He was on salary and was told he was exempt from overtime because of his title even though he has never had any say so in anything he basically took orders from the guys up north and relayed them to the drivers. pulled the orders, scheduled the drivers deliveries, map their routes, loaded and UN loaded their trucks. and himself made deliveries 3 or 4 days a week in other words doing the same work as the other employees but considered exempt from overtime because of his title. This a problem with in it self because when they were asked about the overtime he was always told he was exempt. Things are going down now with the company as they say they are reorganizing and he was told this week that after 19 years he is now a warehouse guy. his job will now be to pull orders and load and UN load the drivers trucks and take care of the warehouse a new employee who he now answers to will be doing the office part from up north. He was told he was also going to hourly. Before he worked from 6 to 4 and on his paychecks it stated his salary was for 80 hours (2 weeks). Now that he's hourly they tell him his hours are 6 to 5 and he will be paid the same amount as before but worked into this new 11 hour time. In other words he will be making the same amount of money but now working more hours with no overtime. And time off will be deducted as he is punching a clock now. Is these legal can they switch him to hourly and require him to work over 8 hours a day and not pay overtime? They say he is now a high paid warehouse employee at 22.00 an hour but remember this is after 19 years with this company what he was a low paid Office manager before. In addition Because the company is no longer family owned and his investments are not the same as when he started 19 years ago he has asked them what benefits he is entitled to as far as severance pay or what he is working for as far as retirement and they will not give him an answer always saying well check into it and get back to you. He has never taken his vacations and by our records has well over 4 or 5 months of accrued vacation time. He has many many times asked them how much vacation he has and was told they did not keep track of managers vacation hours if he wanted a vacation to let them know and he could take it. They told him about 5 months ago when pressed that he earns 3 weeks vacation a year but he has no accrued vacation because they can only carry over 1 week a year. when he questioned this they said all his accrued vacation time was cashed out for charges he made on his company credit card He asked for an item ized record of this and this has never been given to him. We all know that after 19 years my boyfriend has no job security and these people will not give him any information he is afraid to press these issues as he already knows his job with this company is in question is there anything he can do to protect his 19 years he's invested already? Were willing to pay for a consultation because he needs to know what all the legal laws are. Thank you
1 answer | asked Nov 3, 2004 6:30 PM [EST] | applies to California
Answers (1)
It appears that your boyfriend may be owed a lot of overtime. Unless he is doing supervisorial work--that is actually managing other workers--at least 51% of the time, he should not be categorized as exempt from overtime pay. Certainly now that he is on an hourly salary doing the work you described he should be getting overtime. As for the vacation pay, whether the employer can restrict the accumulation of accrued vacation pay may turn upon the terms of any written agreement or policy on vacation pay. Did the employer have such an written policy?
Your boyfriend can call me for a free telephone consultation. 510 832 5800
posted by kerry gough | Nov 12, 2004 3:11 PM [EST]
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