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Old 03-26-2019, 06:54 PM
 
2,451 posts, read 697,327 times
Reputation: 3428

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Your husband is being taken advantage of. His employer does NOT value him at all.

As long as he is on salary, they have ZERO incentive to hire anyone else to help him out, they will remain understaffed.

Your husband better either get back to hourly or find a new job. No other way.
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Old 03-26-2019, 07:37 PM
 
9,781 posts, read 16,995,843 times
Reputation: 18395
Dd714 did bring up a valid point. When you say that your husband is a chef, I assume that he has the duties and responsibilities of an exempt chef. Is your husband's job description and actual duties those of a chef, or those of a cook with a "chef" title?
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Old 03-26-2019, 09:02 PM
 
Location: Proxima Centauri
4,825 posts, read 1,991,670 times
Reputation: 5269
Quote:
Originally Posted by GhostOfAndrewJackson View Post
Uh, that is the job. Frankly 70 hours a week is not that bad, it is very common for many professionals and very common in the food service business and certainly not crazy. I have owned several restaurant concepts in the past. He earns a salary much higher than the national average and he lives in a small town with few options. Talk about painting yourself into a corner. The out is to move. In the Trump economy he should easily find work in the food service industry.

Here are some numbers to give you comfort, as well as a reality check:

Real Median Household Income in Oklahoma 2017:
US $60,336
Oklahoma $50,051

Real Per Capita Income in Oklahoma 2017
US $32,397
Oklahoma $26,472

So your husband is earning roughly 20K more than the average household (which implies two people working)in Oklahoma and far more than twice the typical income and a bit less than three times. I am not sure what the complaint is. Congratulations, it sounds like you married an actual man who is not afraid of hard work in order to provide for his family, you should be proud.

You seem to be implying that he should magically earn two to three times the average for your state without any appreciable effort on his end. If he is talented he should be able to open his own concept. Better yet, why doesn't he approach the owners with his own proposal to take over the entire food service as a contractor. Since you indicated he also does the manager's job as well as his own, he must have the requisite skill set. Then he can hire whom he wants and determine his own profit or loss relative to the hours he sets.

You make a lot of assumptions. There was nothing in the OPs post that indicates what salary her husband makes. Even at 50K a year, her husband makes $13.74 an hour.
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Old 03-26-2019, 09:07 PM
 
Location: Tennessee
23,614 posts, read 17,589,896 times
Reputation: 27688
This is very typical of anyone who is a salaried "professional."
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Old 03-27-2019, 06:36 AM
 
1,865 posts, read 719,284 times
Reputation: 3983
If you are salaried then you have to work the hours that your management says so that you can "get your work done". That is the life of a salaried employee.
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Old 03-27-2019, 07:02 AM
 
2,765 posts, read 3,336,834 times
Reputation: 5480
A question that hasn't been answered is whether or not they are that busy year round and he is having to work those hours continuously or is it seasonal. Most everything has seasonal busy times and then slow times. So if he has to work 70 hour weeks during peak seasons but then cruises during off season, there isn't much to complain about other than just not liking the long hours during peak season. The food service industry is notorious for it's peak seasons and slow seasons.

I would think they could have went the other way to cut costs and have him work hourly with overtime pay during the peak seasons and then cut his hours down to just what would be necessary and maybe only have him work 25 hours a week during the slow season. If that is the case, they probably did him as much of a favor as they did for themselves. Sit down and do the math at what he would make if he worked 70 hours a week with overtime 4 or 5 months out of the year and then 25 hours a week 7 or 8 months out of the year or even split it evenly at 6 months but I doubt they have 6 months of peak. Most places in the restaurant and food service industry control their labor costs in this manor so pick your poison......stable check year round or boom and bust cycles.
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Old 03-27-2019, 10:19 AM
 
Location: New Zealand
129 posts, read 34,688 times
Reputation: 274
Quote:
Originally Posted by GhostOfAndrewJackson View Post
Uh, that is the job. Frankly 70 hours a week is not that bad, it is very common for many professionals and very common in the food service business and certainly not crazy. I have owned several restaurant concepts in the past. He earns a salary much higher than the national average and he lives in a small town with few options. Talk about painting yourself into a corner. The out is to move. In the Trump economy he should easily find work in the food service industry.

Here are some numbers to give you comfort, as well as a reality check:

Real Median Household Income in Oklahoma 2017:
US $60,336
Oklahoma $50,051

Real Per Capita Income in Oklahoma 2017
US $32,397
Oklahoma $26,472

So your husband is earning roughly 20K more than the average household (which implies two people working)in Oklahoma and far more than twice the typical income and a bit less than three times. I am not sure what the complaint is. Congratulations, it sounds like you married an actual man who is not afraid of hard work in order to provide for his family, you should be proud.

You seem to be implying that he should magically earn two to three times the average for your state without any appreciable effort on his end. If he is talented he should be able to open his own concept. Better yet, why doesn't he approach the owners with his own proposal to take over the entire food service as a contractor. Since you indicated he also does the manager's job as well as his own, he must have the requisite skill set. Then he can hire whom he wants and determine his own profit or loss relative to the hours he sets.
Geez, what an appalling attitude! 70 hours a week is awful. The economy should work for the people, not people working for the economy. When is he supposed to provide the love and nurturing to his family that only a father can give? Men aren't oxen that you shackle to a job so a family can live. And then you scold her like a child and tell her she ought to be proud even though there's nothing in her comment to suggest she isn't. She's merely looking out for her husband and asking advice.
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Old 03-27-2019, 10:33 AM
 
Location: New Zealand
129 posts, read 34,688 times
Reputation: 274
Quote:
Originally Posted by maustin01 View Post
My husband is a chef at a local country club. They moved him to salary last summer which forced him to take a pay cut because he was getting so much overtime pay. He has been regularly working 12 hour days and on his days off the general manager schedules caterings and events last minute that he has to work, pushing him to working 70+ hour weeks and not getting days off. The restaurant is understaffed, and they refuse to hire anyone to lighten his load. The general manager is also on salary but regularly works 30 hour weeks which forces my husband to pick up the manager's work load.

He can't go to the owners because the manager is best buds and they have let a lot of inappropriate behavior slide already. We live in a small town with very few job opportunities. There is nothing around that would pay him close to what he is making now.

Is there anyway for him to be protected from working such crazy hours?

Side note: We live in Oklahoma.
I can't offer you any advice as I'm not familiar with the intricacies of US employment law.

I was in a similar situation. Started off salaried at 45k NZD for a 40 hour week. One week after I started they laid off the Operations manager so I ended up do his job as well as mine for no extra money. I was working 60-80 hours a week and hardly ever saw my kids. Even when I was at home I was taking calls, attending to 'fires' etc. I put up with it because I'm a single mother and it was our only income. Then my boss wanted me to do split shifts, 12 am-4am, 10 am-2pm and I refused. I knew that my work load required at least 60 hours a week and I'd be left with no chance of sleep. I got fired for refusing but luckily we have really good employment laws so I sued them and won a good settlement.

If there's one thing I learned from that it's that no job is worth your health or your family. If you can make do on less money then perhaps that's what you need to consider because his boss will use him up and throw him away.

I wish you the best.
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Old 03-27-2019, 10:49 AM
 
3 posts, read 1,201 times
Reputation: 15
Let me clarify for everyone...

He has been working 70 HOUR WEEKS DURING OFFSEASON !!! We are not moving into warmer weather, golf weather and his hours are just going to increase.

He is making 40k with NO BENEFITS !!! The country club does not offer benefits to any of the employees. This would be roughly $19/hour working normal 40 hour work weeks. 70 hour weeks makes it close to $11/hour.

He hasn't had a day off in close to a month. The two days the restaurant is closed, the days that are supposed to be his days off, the general manager schedules caterings that he has to work. The manager then doesn't schedule anyone to work them with him. My husband does the prep, delivery, serving, cleaning BY HIMSELF. GM also doesn't let him have the tip, and pockets it.

Another thing... he is a chef. Chefs are supposed to manage the kitchen. He is given no management responsibilities. He doesn't get to schedule his kitchen staff, he has no say in hiring or firing. One of the kitchen employees is buddies with the GM and is regularly allowed to work overtime because he wants the extra money.

There are very few jobs in our area in his field that would pay him remotely close to this. We are grateful for what we've been able to get, but this is getting ridiculous. We signed a lease that will be up in November and we plan on moving then, but for now we are stuck. We just had a baby, and I'm unable to go back to work because of daycare prices (more than what I was making). We don't have family nearby to watch our baby either. We are barely scraping by on what he's making. Barely paying our bills, and struggling to buy enough food for ourselves.

He is sacrificing his mental and physical health to take care of us, and it hurts to see him suffering the way he is.
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Old 03-27-2019, 11:25 AM
 
Location: Central Mass
1,979 posts, read 2,471,346 times
Reputation: 1962
Ugh, OK sucks to work in! Their laws do you no good.

Basically you are screwed in most ways.

HOWEVER, by your description he shouldn't be an exempt employee. He should be salary non-exempt. His work doesn't pass the law tests:
He doesn't supervise 2+ people AND is primarily their manager AND hires, fires, etc.
He's not a professional. A really good lawyer might argue he's a creative professional and then can be exempt.
He's not the manager.

OK says he isn't required to have brakes or lunches. OK says his employer doesn't have to give any benefits.
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