U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Work and Employment
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 03-27-2019, 02:43 PM
 
9,423 posts, read 7,071,740 times
Reputation: 12183

Advertisements

Quote:
Originally Posted by Dd714 View Post
Dude several including myself suggested the proper course of action - determine if he is properly classified as an exempt (salaried) employee. Contact a labor attorney or the FLSA themselves.
Then come back to us....
Quote:
Originally Posted by scorpio516 View Post
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.



Scorpio has this nailed.. Though being in OK or anywhere else in the US doesn't really matter. Labor laws are federal, so those rules are the minimum. Some states do have more stringent rules.

Here's the thing.. Is he ready to be out of work or has another job? He sues, he can probably win. It's also going to irreparably damage the relationship and he's not going to be working there anymore. And, it can take a long time to move through the courts, so it could be 10 years before he sees any of the back pay they'd award.. And even then, if the place went under.. He may never see it.

So, my recommendation would be.. Have something else before going to the lawyer, or at least before letting the lawyer move forward.

This law was due to be changed a few years ago. Back in 2016, I believe. It was going to set that someone had to make at least $50k/year to be exempt. But, some of the rules they set seemed to go too far and were backed off.
Reply With Quote Quick reply to this message

 
Old 03-27-2019, 04:06 PM
 
Location: Boise
608 posts, read 581,305 times
Reputation: 1323
I quit my first General Manager position after something similar to this. When the dishwasher is making more per hour than the GM, something is wrong.

When you are on a salary, the employer can dictate hours, days off, accessibility during off times and the so on. It may not be right, but that is the law.

Its the responsibility of the employee to find something else if they are not happy. Right now, its an employees market, there are more jobs out there than willing workers to fill them. Good Chefs are in demand, just maybe not in your market. You might have to move.

Anyway, I hope your husband gets some days off. Burnout and health issues come from working 7 days a week and crazy hours. I watched a friend who is a Chef do just that. By the time he realized he needed to take time off, it was too late for his marriage.
Reply With Quote Quick reply to this message
 
Old 03-27-2019, 06:22 PM
 
4,728 posts, read 4,016,316 times
Reputation: 9884
Salaried has to be paid $47,475 & above.

OK is not labor friendly. I don't know if you could win a lawsuit there. In most states, your husband could file & likely win a lawsuit for his unpaid & well-documented over 40hrs/wk he has worked.


He could work at a quikway & another min wage job and have more time & money. I would file a lawsuit & see what happened. I would plan to move to another state where wages & cost of living equal better life.
Reply With Quote Quick reply to this message
 
Old 03-27-2019, 06:39 PM
 
Location: Eugene, Oregon
9,125 posts, read 2,996,123 times
Reputation: 13763
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.

Is he a really good chef, with an excellent reputation around the area? If so, it shouldn't be difficult for him to find another position, where they will show respect for him and are fair about their demands for his amount of working time. This manager and owner are sticking it to him, because apparently they can and get away with it. He should take command of his working life and put them behind him.
Reply With Quote Quick reply to this message
 
Old 03-27-2019, 07:47 PM
 
365 posts, read 90,689 times
Reputation: 725
Quote:
Originally Posted by scorpio516 View Post
yeah, but you died in 1845
lol...
Reply With Quote Quick reply to this message
 
Old 03-27-2019, 07:59 PM
 
365 posts, read 90,689 times
Reputation: 725
Quote:
Originally Posted by maustin01 View Post

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.
In this you may have a valid complaint with the department of labor. But I am less inclined to think you would be successful in OK than IL.

Quote:
He is sacrificing his mental and physical health to take care of us, and it hurts to see him suffering the way he is.
You married a man, for sure; I mean that as a compliment.

In terms of trying to be helpful I do a lot of small business consulting. I constantly tell my clients not to expand or open in Illinois but instead to look to Oklahoma and South Dakota. The reason is the relative over supply of well educated (and I do not mean just college) and motivated work force compared to states like Illinois. In addition you have a state government that is business friendly. You have a quality workforce there and it gives employers a relative upper hand which is not working in your man's favor. So your willingness to move is a good idea.
Reply With Quote Quick reply to this message
 
Old 03-27-2019, 09:23 PM
 
4,125 posts, read 3,777,519 times
Reputation: 11318
He's being taken advantage of, and it seems as if it's illegal, even in your state. Suing them is not going to solve anything, because not only will it take forever, and be expensive, he might lose and get nothing. And court records are public, plus it's a small town. No one will want to hire him again if they know that he sued a previous employer.

He needs to find another job. And when he has that in hand, he needs to go to his boss and say, I'm sorry, but you are effectively paying me ..../hr since you put me on salary. This is what I need to keep working here: X hourly wage, X overtime rate, X benefits, X working conditions. And if they don't meet it, he gives them his notice then and there.

I find it hard to believe that an area that can support a country club wouldn't have a variety of positions open for a person with his qualifications in his field of work. But in fact, if it's really that bad where you are that the only way he can support his family is by working himself to death, you both need to figure out another way, and quickly.

Last edited by parentologist; 03-27-2019 at 09:31 PM..
Reply With Quote Quick reply to this message
 
Old 03-27-2019, 10:26 PM
 
577 posts, read 169,193 times
Reputation: 1683
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.
Just understand there's a huge risk involved if you seek legal advice on this matter. I had a friend in TX who sought help and the Legal firm actually contacted the corporation. The person was blackballed like crazy and his life became a living hell for simply seeking out help and fair treatment. I'm not saying you shouldn't find counsel but just make sure it's with a firm who has a reputation for supporting the underdogs and not a decietful watchdog for the corporation.

If it's any consolation, most corporations treat their finest employees the same. That's why I finally gave up and went to work for the state government. It's also corrupt in a different way, so really you can't win in this country unless you're a derelict of society or a criminal or immigrant from a s-hole country who has not contributed anything. They seem to get the better deal.

What? me bitter?

lol YES. Glad to be done with the private sector in spite of deep state corruption. But that's another thread.

Last edited by settled00; 03-27-2019 at 10:29 PM.. Reason: fixing auto-correct which was incorrect.
Reply With Quote Quick reply to this message
 
Old 03-27-2019, 11:30 PM
 
9,253 posts, read 11,806,344 times
Reputation: 14509
Quote:
Originally Posted by Tencent View Post
The problem though is what is the case law in OK state? Probably not favoring the employee.
FLSA exempt classification violations are federal cases, not State. It's handled solely by the US DOL in federal court and in most cases, result in a financial settlement to the employee and some monetary penalty to DOL. (few cases go to court as most times the employers realizes they goofed and got caught) It's really a check the box type case. If you look at Tamayo v. DHR Restaurant, (a case involving a chef) clearly Garcia was exempt by title only. The court examined his Chef duties and concluded that despite having some management duties, as a whole, his main and most important function of his employment was as a chef, not as a manager. His exempt status was without merit thus he was entitled to overtime and all other protections under federal and state laws for hourly employees.
Reply With Quote Quick reply to this message
 
Old 03-28-2019, 06:53 AM
 
2,404 posts, read 684,967 times
Reputation: 3394
Quote:
Originally Posted by parentologist View Post
He needs to find another job. And when he has that in hand, he needs to go to his boss and say, I'm sorry, but you are effectively paying me ..../hr since you put me on salary. This is what I need to keep working here: X hourly wage, X overtime rate, X benefits, X working conditions. And if they don't meet it, he gives them his notice then and there.
Actually, he needs to give his notice and not listen to any reason to stay.

What, you think the employer will respect him and treat him better if he stays? The employer ALREADY does not value him and won't value him if he gives up his chance to work for a better employer. He'll know he's a traitor and find another person to replace him and there are plenty of desperate candidates willing to be abused out there to replace him.

Your husband needs to find this better employer and leave. Never accept a counter offer from an employer who YOU KNOW does not value him and takes advantage of him.

In his resignation letter, he writes why he is leaving - that the employer is treating him like garbage and not valuing him by giving him a pay cut for more work.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Work and Employment
Similar Threads
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top