Need work help with my boss

[Cinder and Me]

I don't know what to do anymore. My boss continues to call me on my personal cell phone, even over the weekends when I'm off duty. I work the typical Monday-Friday 8:30am-5:30pm work week. I have a work phone as well, that I keep on during the week (and on silent at night), and off during the weekend. Now he wants me to keep my work phone on 24/7 so he can get a hold of me when ever he needs to ask me questions, tell me about a site that needs an inspection, etc. I don't work weekends, and I'm not doing inspections on the weekends. So why does he need to tell me about it?? I am a salary paid employee, so I don't know the laws with this. Our HR department (if you can call it that) is just his little sister who is younger than me. He thinks that its ok to call me over the weekend to talk to me about jobs and reports or inspections for Monday. I'm thinking about blocking him on my personal cell phone since he not only calls me, but texts me too (and that's obviously costing money).

What do I do?? I have tried telling him that I do not want him calling my personal cell, and he said well I need to get a hold of you. But why?? I don't work weekends, and we are not an emergency response team. We are consultants (environmental consultants/scientists). The company is VERY small (~5 people total) so I know he's not use to running things like a real business, but that's no excuse.

Is he allowed to call me after hours during the work week and anytime on weekends? Do I have to pick up? I can keep the stupid work phone "on" but it'll be on silent. I don't want to hear from him when I'm at home, or on vacation (like this weekend!!!). I wish we had a real HR department so I could ask what's allowed, but his little sister doesn't know much.

Help??

 

[tkc1038]

The answer is simply put NO, not unless you are on call for any reason. Then you need to get paid for it. He isnt aloud to call you on your personal phone UNLESS it is a true emergency and is willing to pay you for the x-tra time. IF your salary consits of 40 hrs cut and dry he cant contact you otherwise if this isnt in writing GET it in writing.You need to sit him down and professionaly explain to him that unless he is prepared to pay you for your x-tra time he can leave the work for the next true work week tell him to just write down his concerns and bring them to you bright and early Monday morning.
I had this very same situation happen to me, go on Labor Law. com they will give you general guidelines.

GoodLuck

 

[Cinder and Me]

The answer is simply put NO, not unless you are on call for any reason. Then you need to get paid for it. He isnt aloud to call you on your personal phone UNLESS it is a true emergency and is willing to pay you for the x-tra time. IF your salary consits of 40 hrs cut and dry he cant contact you otherwise if this isnt in writing GET it in writing.You need to sit him down and professionaly explain to him that unless he is prepared to pay you for your x-tra time he can leave the work for the next true work week tell him to just write down his concerns and bring them to you bright and early Monday morning.
I had this very same situation happen to me, go on Labor Law. com they will give you general guidelines.

GoodLuck

Thank you! I was really worried that since I'm salary that I was just expected to be his little puppet. I was never told we'd be on call, or need to be contacted after hours. I was told I had a normal work week (40 hrs). And I was told that I would not get overtime if I did go over time (is that legal??).

::sigh:: I'm so frustrated and stressed out. I've been with this company for a little over 8months now, and its been getting worse and worse and worse every month.

 

[alli713]

I believe that it is legal for you to work more than your 40 hrs and not get paid overtime if you are salaried. That's just one of the cons of being salaried, you can work more than your stated hours, but you won't get paid extra. But it works for some people because they don't put in a full 40 hours but still get paid for 40 hours.

As far as him calling you, I think that you need to talk to him about it. I don't think it's right for him to call your personal phone and talk about things that can be talked about on Monday.

 

[Snickers]

I believe that it is legal for you to work more than your 40 hrs and not get paid overtime if you are salaried. That's just one of the cons of being salaried, you can work more than your stated hours, but you won't get paid extra. But it works for some people because they don't put in a full 40 hours but still get paid for 40 hours.

As far as him calling you, I think that you need to talk to him about it. I don't think it's right for him to call your personal phone and talk about things that can be talked about on Monday.

I have to agree with Alli713.

Another thing you can tell him you will take his calls only on the work phone until 6:30 pm Monday - Friday.

 

[banany]

I believe that it is legal for you to work more than your 40 hrs and not get paid overtime if you are salaried. That's just one of the cons of being salaried, you can work more than your stated hours, but you won't get paid extra. But it works for some people because they don't put in a full 40 hours but still get paid for 40 hours.

As far as him calling you, I think that you need to talk to him about it. I don't think it's right for him to call your personal phone and talk about things that can be talked about on Monday.

I'm not sure how it is in the US, but in Canada some salaried employees are paid for overtime work and some are not, it depends on the company. Your contract should clearly state the terms of your remuneration.

I work at an accounting firm that pays overtime, but some accounting firms don't pay overtime, and some firms mandate that each employee owes them x hours of overtime each busy season.

 

[alli713]

Yeah, with everyone that I've known that has worked salaried, they didn't get paid overtime. But perhaps it does depend on the company.

 

[Rickman]

Personally, I'd put up with it until I found a better job, and just lay down the law! Also, leave your cell bill on your desk, with his calls highlighted, including the charges, so everyone can see them! Or hand him a PDA and ask him to put the question he was going to ask you, in there, so you can "get right on that" while at work, where all your equiptment is at! Even convieniently forgetting things should deter his calls!

 

[tkc1038]

Most salary employees know BEFORE hand that there work week will be a few more hours than 40 hrs, but if you are told 40 hrs you should expect maybe at THE most is 50 hrs NOT 24-7 7 days a week. The overtime can be paid after a SET amout of hours that would be included in your salary.
If your boss is calling you after work hours you should lay down your criteria, let him know that any personal phone calls, texts he will be responsible to reemburse you for , that is why you carry a work phone(which by the way UNLESS you are on call you should not have to do). You shouldnt be on his beck and call unless you are his personal assistant and then you need more pay, hahahahah see if he likes that!!!

Again good luck and have a set plan on speaking to him (if you plan on it,) have it in writting your requests and have him sign it. Then at a later time you can refer to the statement you put in front of him.

 

[starleomach]

If you have a work phone he has no reason to call your personal phone

 

[menagerie]

You are entitled to be reimbursed for the work use of your personal cell phone. Make a copy of your bill and highlight work related charges and submit for reimbursement.

By definition as an exempt or salaried employee, you may be expected to work beyond a 40 hour week.

Exempt Employees: Definition

Exempt employees are employees who, because of their positional duties and responsibilities and level of decision making authority, are exempt from the overtime provisions of the Fair Labor Standards Act (FLSA).

Exempt employees are expected, by most organizations, to work whatever hours are necessary to accomplish the goals and deliverables of their exempt position. Thus, exempt employees have more flexibility in their schedules to come and go as necessary to accomplish work than non-exempt or hourly employees.

 

[Cinder and Me]

The job description never mentioned being on call or needing to be by my work cell on he weekends or after hours. I have worked over time many times for this job and others . He just wants it all and be able to pay me peanuts. He had me drive somewhere one day that was so far away it took over four hours to get home. I got home after nine and Started at eight. He abuses us... And the other partner is scared of him.

 

[menagerie]

What is your specific job title?

 

[tkc1038]

Ecxempt employees are usually military, law enforcement, medical, and some others I cant think of right now, BUT they get PAID for working crazy hours and they have titles like Officer, Medical Doctor, Registerd Nurse, Licence Practical Nurse, and Mom(okay Moms pay is a little smaller than some but the kisses and hugs make up for it) Dads, okay I am tired. Ha if you work for "peanuts" and if his partners are afraid of him , sounds like the perfect place to work (sarcasm).

 

[VolunteerChin22]

I would turn your phone off - frankly this doesn't sound like the type of job where there are life and death emergencies...you aren't a dr or a nurse on call. If he keeps it up then I would ask him for his personal cell number so you could call him at all hours of the weekend....lol no but seriously, I would call him out polietely in front of the HR little sister and tell him that it made you uncomfortable that he called you all the time and that your bf/gf/husband/fiance was starting to think there was more to your relationship (highlight the fact that there are no emergencies in your profession so what is he/she supposed to think?) and then say that you are starting to think that the calls are unprofessional and that if he really just needs to get the thought/idea to you right then, that he shoot you an email instead and he can fill up your inbox all he wants and you will respond to them first thing every am.

see if that works

 

[Cinder and Me]

What is your specific job title?

Air Quality Specialist

I would turn your phone off - frankly this doesn't sound like the type of job where there are life and death emergencies...you aren't a dr or a nurse on call. If he keeps it up then I would ask him for his personal cell number so you could call him at all hours of the weekend....lol no but seriously, I would call him out polietely in front of the HR little sister and tell him that it made you uncomfortable that he called you all the time and that your bf/gf/husband/fiance was starting to think there was more to your relationship (highlight the fact that there are no emergencies in your profession so what is he/she supposed to think?) and then say that you are starting to think that the calls are unprofessional and that if he really just needs to get the thought/idea to you right then, that he shoot you an email instead and he can fill up your inbox all he wants and you will respond to them first thing every am.

see if that works

LOL,that would be hilarious.
He is just such a jerk, and wants everything. He thinks he's "the man", and thinks everyone should bow down to him. :hair:

Thanks for the suggestions. I think I will try one at time and let you all know how it goes.

 

[Jeanette]

Oh boy!

When one of my bosses called me up and said "Yo, wazzap?", I was like "Excuse, me? That's not professional in the least and I don't appreciate it." (he treats women like garbage most of the time). Also, it was my home phone and he wanted me to come in to straighten out paperwork. I told him that if I come in, then by law, he has to pay me for AT LEAST 4 hours, regardless of how short of a stay. He wanted me to come in for free since we were busy and I didn't get everything done.
NOPE!

But I'm very straight forward and I don't let anyone take advantage of me... EVER. Some bosses don't like it and others have respected me for it. I won't work in a heck hole. It's just not worth the anxiety!

 

[menagerie]

Air Quality Specialist

That is a profession that is legitimate to be exempt.

Ecxempt employees are usually military, law enforcement, medical, and some others I cant think of right now, BUT they get PAID for working crazy hours and they have titles like Officer, Medical Doctor, Registerd Nurse, Licence Practical Nurse,

No, an exempt employee typically applies to administrative, executive, managerial or professional employees who receive an annual salary, in equal payments weekly, bi-weekly, or at some other specified time interval.

 

[tskoffina]

If he wants to call and tell you things like that, I would block calls and texts to my personal cell, and leave the work phone on, on silent, in a drawer. When I had time, if I had time, before Monday morning I would check it. I would see that stuff as a to-do for Monday, not I need to deal with this now, type thing.

 

[Rickman]

Really - what's this jerk gonna do if you miss his calls? You were at the show! or at church! or with your pastor! [I got a million of 'em!] Tell him flat out - you've got a Life!
Work is work - home is home! Chins are chins! I hate it when they think there's nothing but work! He's probably single, with no life!!