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