I am a currently an exempt employee. I have worked for this employer for 16 months without any contract. All the owner director has ever said is that as long as we get are job done that's all that matters. I have been sick and had to have surgery. I was off for two weeks. It was never discussed what would happen with my salary during this time. When I came back I was only able to work half days for 8 days. My employer asked me to accept half pay for those days. Now she wants me to accept half pay for the surgery days. She has now come up with a new Employee Agreement. She wants to make it effective as of 1/1/11 even though its now July 2011. It has very restrictive time off allowances. It doesn't address all of the time I am on call for this business.
Just because you are exempt from the wage/hour laws does not mean that you do not have to go to work. I am sure you have put in more than the 40 hr typical work week and feel they owe you something, and maybe they do morally (but not legally). Your employer may feel that you are abusing your rights and seems to want to regularize the relationship. This is something that you should negotiate, beginning with open discussions about what each of you expects from the other. You may need to explain that you are reluctant to put in extra time and be available if you still have to meet strict attendance standards. Find out what is behind the employer’s change in attitude about just “getting the job done.” Don’t give any ultimatums, but decide whether you are willing to work under these new conditions. If so, do it. If not, find another job. The only place I see your employer as being out of line is in wanting to backdate the new Agmt, but you may have to accept that if you want to go on working there. I don't see that consulting a lawyer will help, unless you use him and a mediator.
DISCLAIMERâ€”This answer is for informational purposes only under the AVVO system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am admitted only in California. (Bryant) Keith Martin sbbizlaw.com