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My employers, a French couple, proposed to us all that we agree to go on salary instead of hourly wage. They went back to France for 6 weeks, to get their visas taken care of, and when they came back they wanted our decision.
Since it's quite illegal for them to put me on salary on many levels, and since I would have ended up making $5.71 an hour instead of the $9 an hour I now make I told them I did not want to do it. They said okay..... but.....
The next day the employers who have all along told me how happy they are with my work had stuck Post-It's all over the kitchen, and written on them was "Dirty, clean this!" There was also a long list of new tasks and demands written up over the counter. Never has this happened before.
All of my co-workers agreed to go along with the salary offer, and the manager did all he could to talk them into it. I can't understand why they did it, it's a straight out pay cut, and totally illegal, but maybe they just did it to keep their jobs and avoid reprisals. It would seem now I'm being punished for not going along with their illegal pay cutting scheme.
I'm thinking it will probably get worse, and they will come up with some contrived reason to fire me.
I'm not an employment lawyer, but I think their behavior is bordering on the illegal. None of that changes your situation, unfortunately; they're going to be unprofessional and hostile toward you and I don't think there's much that you can do about it for now except look for other work.
Personally, in most cases, I'm one for leaving on the best terms possible, even when the employer's being an ass. But in this case, I would be tempted to contact either a labor lawyer or your state and even the federal departments of labor. This could be anything from a violation of the wage laws to unlawful termination through harassment. I don't know that for a fact - an attorney or experienced labor person would know. But it sounds pretty fishy.
I'm not a contract worker, I was hired as a permanent hourly employee.
The law is that exempt salaried employees have to make at least $455 a week. I make about $80 a week for the 12 hours a week I'm currently scheduled for during the off-season here, and it's an illegal way of cutting the pay of hourly workers below minimum wage, far below minimum wage in this case. During season I never made more than $260 a week. So clearly I am not within the requirements for an exempt salaried employee.
Yep, and in addition to that, you need to receive the same amount every pay period. If they're going to call you salary but then adjust your pay according to the amount of hours you're scheduled for, then that's illegal as well. Are they proposing this? Document it.
None of my co-workers are going to speak up or they would not have agreed to it, and it's all by verbal agreement, so just try and prove it. These people are not stupid and they are not going to put it on paper and give the employee a signed copy of their illegal action.
They're not speaking up because they haven't been subpoenaed. Trust me, that'll all change if you can somehow get them to talk under penalty of perjury, for which the punishment is a fine possible federal incarceration. One by one, they'll all be forced to admit that they signed this agreement under duress. Obviously, it won't be as easy as that, but it can happen if you want to go that route. You'll probably have to go through a lot of crap first, though. Good luck with this.
I'm not an employment lawyer, but I think their behavior is bordering on the illegal. None of that changes your situation, unfortunately; they're going to be unprofessional and hostile toward you and I don't think there's much that you can do about it for now except look for other work.
Personally, in most cases, I'm one for leaving on the best terms possible, even when the employer's being an ass. But in this case, I would be tempted to contact either a labor lawyer or your state and even the federal departments of labor. This could be anything from a violation of the wage laws to unlawful termination through harassment. I don't know that for a fact - an attorney or experienced labor person would know. But it sounds pretty fishy.
Well I certainly do agree with you, and it's why I'm leaving, on the best terms possible as you suggest. The job I'm taking is one I have to take immediately or not get, so that settles the two weeks notice matter, and given their conduct in this I'm not inclined to do that anyway. Their treatment of me since I refused the illegal salary and pay cut scheme has been clearly punitive and amounts to harassment, perhaps meant to pressure me to accept the salary proposal, thinking I have no other options.
Fortunately an option did appear at precisely the right time, and their schemes will come to naught.
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