Employer - No reimbursement beyond 35 hours but required to work

[RetiredHappy]

I am with the people that say look at labor law... but this seems like a gvmt job and the gvmt can have rules different for them...

Unless it is a union job, no one can legally violate labor law. Union can negotiate a different set of wage agreement for their union members.

 

[aaronc879]

I guess it comes down to how bad you need the job. At age 65, I would suspect you have savings and SS that would allow you to retire even if with a lower standard of living than ideal. Figure out if you can afford to retire and if you can then there is no reason to put up with this stuff. If you need to work then decide if getting paid 35 hours for 37-ish hours of work is worth it or not.

 

[badatmath]

The only thing I can see possibly working is asking if you can leave 1.5 hours earlier on the Fridays of the week where the meetings ran late. Might be why the last person left the position.

 

[Turbo29]

They may be doing this to others in their employ. Sometimes one complaint to the state labor department blows the dam open, the employer gets audited, and they are on the hook for OT pay to numerous employees, past and present. That happened one place I worked when I was very young. I'd been gone for 4 years or so and received a fairly large (comparatively speaking) check out of the blue.

 

[jazz4cash]

+1 on learning your state's labor laws.

In the meantime, if the board meeting runs past 7pm then pack up and leave at 7. If your boss objects, explain that your workday is over.

This. Sounds like they are ignoring labor laws. Unless you are classified as exempt, they are not allowed to have you work without pay. The fact that these detsils were not laid out clearly before you were hired is a red flag. Labor lawyer.

 

[Aerides]

Definitely look into the laws, MA I presume would be employee-friendly.

But, while you would have a case, and probably win any suit if fired over this, or the age aspect, you have to be prepared that might only pay off with a fight, and a lawyer (though perhaps the state labor board would manage that). Still, it's not nothing and to say "oh she'll win a nice lawsuit" - yeah maybe, after many months or longer, and maybe not that nice since ultimately damages are paychecks. A big payout from a labor lawsuit isn't ironclad.

Even if she wins, it could be something small like a year's pay and then that's that. She's been there less than a year, so they could quite well be smart enough to find cause or "new person, not working out" and fight. It's a risk she'd be taking on. Not any of us, just her.

OP you have to ask yourself if you have it in you to fight, and can afford some risk in case it comes to that.
Or, if you make $X for 35 hours work, would it still be decent pay if it was still just $X for 40 hours?
Do you like the work, your boss, your colleagues, your commute?
Do you hope to do this for 2 more years and then end nicely in retirement?

If I were in final 2 years of coasting, unlikely to find something that paid as well that I liked, I might just suck it up. And then find ways to get those hours back. A long lunch here and there, a late start some mornings, etc.

Oh as as far as "but there's just so much work I need 40 hours to get it done" - respectfully, when I was still working I learned that it didn't matter if I worked 40 or 50 or 60 hours, there was never enough time, there was always more that needed to be done. But I was only getting paid 40 (salary) so I stopped with the 60 hour weeks and dialed it back in those final years to a comfortable 40-45.

 

[Jerry1]

I'd start with seeing whether the boss is okay with you limiting your total hours throughout the week to 35. As others have said, that may mean you don't work on Friday or at least that you don't work scheduled hours, but that your priority is to be at the late meeting.

Now, if you just cannot get the job done in 35 hours a week no matter how you flex your hours, that's a different matter. IMO, that's when you have to either work with your boss, or take it upon yourself, to determine the lowest priority work that will not get done. That is mostly determined by the relationship you have with your boss.

In government, I would suspect that the position is only budgeted for 35 hours and that is absolutely all they will be able to pay you unless they have some flexible account they can draw some money from. I wouldn't count on that and it sounds like your boss has already shown that there's no money available to take care of the issue that way.

 

[badatmath]

OP seems oddly disinterested in this thread . . .

 

[TheWizard]

How does one determine if they are an hourly employee or an exempt employee?

 

[rk911]

In January, I was hired to work as an Executive Assistant to a Town Select Board and Administrator. The job requires attendance at board meetings which can run long. The first pay sheet I submitted was accurate reflecting extra time worked due to the meeting running overtime. My boss pushed it back for an update saying I am not reimbursed beyond 35 hours, nor is there compensation. I was very surprised and at this point, probably have a full week's worth of extra hours unpaid. I cannot understand the rational given, something about the budget wasn't written for the extra hours? What should I do? The board meetings start at 6:30 p.m. if I am still there at 8:30 due to ongoing meeting and needing documents signed by the board, what do I do? The workday should end on Monday at 7 p.m. We have 1/2 day Friday in exchange for one late night per week. The board meets every other week. A side note, I am now 65 years old and leaving for a new job is an option but I've already experienced age discrimination. Replacing the job with just a few years left in the workforce is compounding the next step. the workweek is Monday 8 am to 7 pm, Tuesday, Wednesday, Thursday 8-4 and Friday 8 - 12

Two choices....live with it or find another job.

 

[imjustawarrior]

How does one determine if they are an hourly employee or an exempt employee?

My pay stub has a section labeled "FLSA Overtime Status". In that field, it has "Exempt".

 

[cathy63]

How does one determine if they are an hourly employee or an exempt employee?

You determine if you're eligible to be classified as exempt by looking at the requirements in the Fair Labor Standards Act. They are here: Fact Sheet #17A: Exemption for Executive, Administrative, Professional, Computer & Outside Sales Employees Under the Fair Labor Standards Act (FLSA)

If you don't meet those requirements then you are not an exempt employee and must be paid at least the minimum hourly wage in effect in your locality and get paid overtime for over 40 hrs per week.

If you do meet those requirements then your employer may decide to classify you as exempt, but they are not required to do so. You have to ask them.

If your employer has misclassified you as exempt when your job clearly does not meet the requirements, then you can complain to your state's labor department or to the Federal DoL.

 

[Gumby]

You may find this website helpful in reporting to the Attorney General what is known in Massachusetts as "wage theft."

https://www.mass.gov/how-to/file-a-workplace-complaint

Wage theft is a crime and a tort

https://www.mass.gov/info-details/enforcement-authority

Director Liability Under the Massachusetts Wage Act: The Supreme Judicial Court Clarifies the Law but Traps May Remain for the Unwary - Boston Bar Association

by Mark D. Finsterwald Case Focus In Segal v. Genitrix, 478 Mass. 551 (2017), the Supreme Judicial Court (“SJC”) addressed whether members of a company’s

bostonbar.org

 

[aaronc879]

OP seems oddly disinterested in this thread . . .

It's only been a little over 5 hours since their last post. They may have a busy life and are not near their laptop at this time. I'm sure i'm not the only one who doesn't use my phone for this site and only post when I am at home and in front of my laptop. Give them a break. It seems like they need it.

 

[Slim11]

It will be in the contract you signed up for. Most of these jobs are salaried, with overtime, but meetings are exempt from overtime as they would have been part of the original salaried job and signed off on at the time you were hired. This is true in most municipalities , as rhey all hold mettings at night and need certian people to be there for the duration of the meetings. Confusing I know. If you didnt sign off on this when hired and are not salaried, then you may have a case. They may pay you for the hours worked then say we made a mistake and sign this new contract or your done.

 

[copyright1997reloaded]

I guess it comes down to how bad you need the job. At age 65, I would suspect you have savings and SS that would allow you to retire even if with a lower standard of living than ideal. Figure out if you can afford to retire and if you can then there is no reason to put up with this stuff. If you need to work then decide if getting paid 35 hours for 37-ish hours of work is worth it or not.

This (bolded). It is unfortunate, but reality.

My child has a job which is demanding and has to put up with crap. Lots of it. I, because of my position in life, would not put up with it as I can walk away or even have "fun" if things gets nasty. My child on the other hand, is not in that position. (Unless I magically made it so which would not be good in the long run). So I try to bite my tongue in terms of certain things.

As my old man told me long ago, "never trust the man". (He didn't put it this way ha ha, but that was essentially the concept. He was a union worker and I had just gotten a job with mega-corp in a non-union tech position. While you can escape from the working-class upbringing I was fortunate enough to always REMEMBER that upbringing.

Honestly, it is why I am where I am today financially - ALWAYS have the ability to walk away. Work very hard but be prepared for those who would mistreat you.

I keep trying to instill that into my child (maybe not so successfully yet) that employers can be really s*itty and that is why it is so important to not be living paycheck to paycheck.

Sorry for the distraction.

 

[badatmath]

It's only been a little over 5 hours since their last post. They may have a busy life and are not near their laptop at this time. I'm sure i'm not the only one who doesn't use my phone for this site and only post when I am at home and in front of my laptop. Give them a break. It seems like they need it.

I find it very strange for someone who has a total of 3 posts here.

The length of time they've been a member makes me assume they are a real person and not a bot which was my first guess.

I wish OP all the best and meant no offense.

 

[Global Wizzo]

In January, I was hired to work as an Executive Assistant to a Town Select Board and Administrator. The job requires attendance at board meetings which can run long. The first pay sheet I submitted was accurate reflecting extra time worked due to the meeting running overtime. My boss pushed it back for an update saying I am not reimbursed beyond 35 hours, nor is there compensation. I was very surprised and at this point, probably have a full week's worth of extra hours unpaid. I cannot understand the rational given, something about the budget wasn't written for the extra hours? What should I do? The board meetings start at 6:30 p.m. if I am still there at 8:30 due to ongoing meeting and needing documents signed by the board, what do I do? The workday should end on Monday at 7 p.m. We have 1/2 day Friday in exchange for one late night per week. The board meets every other week. A side note, I am now 65 years old and leaving for a new job is an option but I've already experienced age discrimination. Replacing the job with just a few years left in the workforce is compounding the next step. the workweek is Monday 8 am to 7 pm, Tuesday, Wednesday, Thursday 8-4 and Friday 8 - 12

I had something similar. They wanted time sheets each week for salaried employees. Mine always had 60+ hours. HR wanted me to list 40. I told them I wouldn’t lie on a time sheet that was subject to audit.

Didn’t change much, but comp time policies were improved.

I’d submit the hours worked. If they opt to not pay it, you can ask where they want to cut the time. Just tell them you won’t lie about hours worked.

Good luck. Before you fight, do you want the job?

 

[imnontrad]

Time to either start floating your resume or look for a new job.
Until then, keep track of ALL hours worked that are required for your job for which you are not compensated. Then present all to the state labor relations board. My guess is that at the end, you will get a nice check for hours worked.