Employer claims they legally cannot make me salary

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#1 priceK   User is offline

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Employer claims they legally cannot make me salary

Posted 02 May 2019 - 09:35 AM

I work for a large private company (6 global locations) on the 7-man IT team. I run an entire site by myself and help remotely with our site in England and Luxembourg. I have been asking for 3 years now to be made salary and the company continues to say that they are legally not allowed to do it. I generally work 60+ hour weeks and while the money is good, I am tired of having to report all the emails and phone calls after hours as well as getting my ass chewed at least once a year over how many hours I am working. I document everything I do to justify the hours as well as any approvals/requests for me to work outside of my normal hours; the money from overtime isn't worth the headache anymore and the company won't hire another person for the department. I have thought about leaving for another job but I really like the industry we are in and being the only person in my department, in the building (I'm in TN, the IT manager is in CA) I have pretty free range of my schedule and what I do. Am I stupid for wanting to be salary or leaving?

Are they being honest that they legally cannot make me salary?

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Replies To: Employer claims they legally cannot make me salary

#2 no2pencil   User is online

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Re: Employer claims they legally cannot make me salary

Posted 02 May 2019 - 09:40 AM

Sorry to hear that you are going through this.

Rather than fight with their HR, I would just move on. If they don't have your back, go support an infrastructure for someone that will.

View PostpriceK, on 02 May 2019 - 12:35 PM, said:

Am I stupid for wanting to be salary or leaving?

You want what you want. That's not stupid. There is no cookie-cutter 1-size-fits-all lifestyle.
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#3 modi123_1   User is offline

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Re: Employer claims they legally cannot make me salary

Posted 02 May 2019 - 09:40 AM

Depends.. what's their legal justification?
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#4 priceK   User is offline

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Re: Employer claims they legally cannot make me salary

Posted 02 May 2019 - 09:46 AM

View Postmodi123_1, on 02 May 2019 - 09:40 AM, said:

Depends.. what's their legal justification?


None that they are sharing with me. It's always, "our lawyers say we can't".
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#5 modi123_1   User is offline

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Re: Employer claims they legally cannot make me salary

Posted 02 May 2019 - 09:54 AM

Then it's a crap-shoot.

If you want to push the issue I would suggest consulting a reputable employment lawyer in your area, give them all your specifics, and see if you can find out that direction.
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#6 jimblumberg   User is online

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Re: Employer claims they legally cannot make me salary

Posted 02 May 2019 - 10:16 AM

Quote

Am I stupid for wanting to be salary or leaving?

IMO, yes. You're working too many hours now, it will probably be worse if you're placed on salary.

Quote

I am tired of having to report all the emails and phone calls after hours as well as getting my ass chewed at least once a year over how many hours I am working.

Then ask them how many hours a week are considered acceptable. IMO, working so many hours (50+) is usually counterproductive. I think 10 hours a day for 5 consecutive days should be about the maximum (except for very rare circumstances), even if you're young you still need time to recharge your batteries to be the most productive. 60 hours a week should be a rare occurrence not the norm. Any time 60+ hours become the norm it is time to move on.

Jim
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#7 priceK   User is offline

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Re: Employer claims they legally cannot make me salary

Posted 02 May 2019 - 11:33 AM

I'm 32, still young by any standard, but I have been doing this the last 7 years. I am for sure starting to feel the physical and mental effects of it.My daughter is 6 and my son 2, I have pictures of things they have done with my wife (going to the zoo, disney, canada, etc) but haven't been able to do much with them. When I do get to take a vacation, I'm expected to have my phone and laptop on me at all times and drop what I'm doing to fix an issue.

When they decide I've worked too many hours they tell me to cut back to 45 a week. Then a couple weeks go by and I get bitched at again because things aren't getting done fast enough and they tell me to work as many hours as I need to get things caught back up.

The more I actually talk about how things are I can't tell if I'm just being a whiny tool and should be thankful I have a job that pays excellent where I can work as many hours as I want or if it's just time to move on.

This post has been edited by andrewsw: 03 May 2019 - 12:34 AM
Reason for edit:: removed previous quote, use the Reply button

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#8 andrewsw   User is offline

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Re: Employer claims they legally cannot make me salary

Posted 03 May 2019 - 12:38 AM

Put your health and your family first. (I am not sure why you would not be doing this.)

They are plenty of jobs for developers many of which will not demand more than basic hours (other than for occasional project needs).
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#9 astonecipher   User is offline

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Re: Employer claims they legally cannot make me salary

Posted 03 May 2019 - 05:19 AM

Where in Tennessee?

I would be asking for the legal justification of why they can't make you salaried, because outside of contract work, I don't know anyone that isn't on salary. The easy justification is, hours. If you have a 7 year history of 60 hours a week, most companies would jump at making you salaried at 40 hours.

Honestly, it may be easier to move on than to fight. I think the attorney would be a waste, because you are effectively limiting your own income. While there is comfort in knowing you have the same pay every period, employers more often bank on you having shorter weeks, where as with a salaried position, you are more expected to work over the hours so they can justify you being paid less.
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#10 priceK   User is offline

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Re: Employer claims they legally cannot make me salary

Posted 03 May 2019 - 05:30 AM

View Postastonecipher, on 03 May 2019 - 05:19 AM, said:

Where in Tennessee?

I would be asking for the legal justification of why they can't make you salaried, because outside of contract work, I don't know anyone that isn't on salary. The easy justification is, hours. If you have a 7 year history of 60 hours a week, most companies would jump at making you salaried at 40 hours.

Honestly, it may be easier to move on than to fight. I think the attorney would be a waste, because you are effectively limiting your own income. While there is comfort in knowing you have the same pay every period, employers more often bank on you having shorter weeks, where as with a salaried position, you are more expected to work over the hours so they can justify you being paid less.



Just north of Nashville.
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#11 astonecipher   User is offline

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Re: Employer claims they legally cannot make me salary

Posted 03 May 2019 - 05:59 AM

PM sent.
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#12 astonecipher   User is offline

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Re: Employer claims they legally cannot make me salary

Posted 03 May 2019 - 06:11 AM

The only thing I have seen related to legal classification is this: https://employment-l...atus-change.htm

And I would argue that your job type was misclassification, unless your title says something differently. For instance, if you are classified as helpdesk, that is likely an hourly role. But anything related to development or administrator, those are all salaried professions in the rest of the area - again, barring a contract role.
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#13 priceK   User is offline

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Re: Employer claims they legally cannot make me salary

Posted 03 May 2019 - 09:04 AM

View Postastonecipher, on 03 May 2019 - 06:11 AM, said:

The only thing I have seen related to legal classification is this: https://employment-l...atus-change.htm

And I would argue that your job type was misclassification, unless your title says something differently. For instance, if you are classified as helpdesk, that is likely an hourly role. But anything related to development or administrator, those are all salaried professions in the rest of the area - again, barring a contract role.


My official title is IT Analyst/Business Analyst but I literally do everything being the only one in the department, sys admin, db admin, network eng, software development, technical support etc. I was just curious if they were just feeding me crap about why they couldn't.
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#14 astonecipher   User is offline

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Re: Employer claims they legally cannot make me salary

Posted 03 May 2019 - 09:17 AM

Id go with, feeding you crap.
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#15 smendoza88   User is offline

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Re: Employer claims they legally cannot make me salary

Posted 03 May 2019 - 12:24 PM

You say your boss is in CA. I know in Ca, if you're making under 90k https://www.worklawy...ion-california/ by law you have to be hourly. I couldn't find the info on the CA gov site, I've seen it before and now I can't find it. Our company is small and just hit the mark where some of us had to switch to hourly employees because we are under the threshold. Not a huge deal for us since we aren't working 60 hours a week.
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