RE: Overtime rules

Subject: RE: Overtime rules
From: "Keith Hansen" <KRH -at- weiland-wfg -dot- com>
To: <gmel999 -at- bluefrog -dot- com>, <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Fri, 25 Jan 2008 11:50:06 -0600

Mel wrote:

<<If you are a "salaried, exempt" person working directly for a company,
I believe you are not entitled to OT except in very specific or extreme
circumstances. ... I refer to the typical situation for salaried workers
as "salaried slavery." I respect the earlier poster (couldn't find the
name) who told his employer he wouldn't put up with that situation

This raises a question I have. Assume the following:
* Employee is salaried, exempt worker.
* Employer demands that employee work 60, 70, or 80 hours per week
consistently--no overtime or additional compensation of any kind.
* Employee refuses.
* Employer accuses employee of insubordination and terminates him/her.
* Employee files claim for unemployment benefits.
* Employer contests claim, stating that employee was insubordinate and
justifiably terminated for failure to perform his/her job adequately.

I am assuming, of course, that this takes place in an employment-at-will
state. What position would most state unemployment review boards take on

I am not in such a situation, nor have I ever been. (Therefore, if the
answer to my question is obvious to all but myself, I apologize!) But I
am curious: what typically happens in the above situation? In other
words, have any state unemployment review boards ruled:
* That such hours constitute servitude (if so, what is the magic number:
50? 75? 100 hours?!)
* That the employee is justified in refusing to work them
* That the employer cannot successfully contest claims in such a


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RE: Overtime rules: From: Melanie Blank

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