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US Labor Laws - Excess work without just compensation - Illegal? |
I know of a company that encourages its employees to work around the clock as a means of getting a promotion. The company works employees as hard as they are willing to but will only compensate them 40 hours a week. Some are putting in 80 hour weeks. I understand that is not legal. The culture of the company has got so bad that it almost is an expectation. That if you do not put in your free hours your not company material. LABOR WITHOUT JUST COMPENSATION. The company coerces all its employees to work excessively, but wihout pay beyond 40hours (though many work 80 hour weeks). Again. Illegal? Correct? If these people aren't salaried, it's totally illegal. Did you hear about the lawsuit Walmart is getting because they encouraged employees to work off the clock? Yes, very illegal. Call the LRB (Labor Relations Board). Correct. However - heres the hard part without a whistle blower / and Documented evidence of discrimination against those who do only work 40 hours, the case will go nowhere due to the " Look a reasonable and prudent person would choose not to keep doing something they did not like to do". Depends on whether or not the job is "exempt" or "nonexempt" inder FLSA - Fair Labors Standards Act, "Exempt" meaning not required to pay overtime after 40 hours in a week. Their are several "exemption" classes -- Professional, administrative and Managerial. There is a test to determine whether or not a job meets the requirements for any of these exemptions. |
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Go to the US Dept of Labor website. According to the federal guidelines, in an 8 hour shift, you are allowed 1 30 min break and 2 15 min breaks. After 8 hours you are allowed another 15 min break... If you think it's a good idea look at what has happened in France since they shortened the work week. Anyone who believes 40 hours a week is too strenuous is probably on welfare anyway. ...I notice in your example that although you say it is often 'necessary' for children to work, it says nothing about whether it is 'legal'. This is the main issue at hand. You... It's a crappy job and she already talk to the boss!! Call HR!! ...Here you go: ... ... I've included a link to the federal Department of Labor's page regarding overtime law. Depending on the specific facts of your situation, you'll be able to access a specific answer.... Per Federal law, which would trump any interpretation of law for the State of California, an employer is not required to provide its employees with any breaks OR lunches; it is the sole discretion ... |
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