Saturday, November 21, 2009

Re: [FCP-L] OT: Social media at work... ban it or embrace it?

On Nov 21, 2009, at 11:10 AM, Patrick Inhofer wrote:

>
> On Nov 21, 2009, at 10:17 AM, Tod Hopkins wrote:
>
>> But as a salaried employee, I have entered a contract to perform an
>> abstract job for a fixed payment. Implicit in salaried employment is
>> that the relationship between time worked and compensation is broken.
>
> This is an interesting interpretation.
>
> I guarantee - you stop showing up at work, they stop paying you.
> Nothing abstract. Nothing implicit. Nothing broken. You don't put in
> the hours, you don't get the pay.

I'm with Tod on this one. Hourly employees sure, but salaried, no way
- by legal definition in fact.

Salaried employees are judged on outcome, regardless of hours. If
they're judged by hours worked and are laid off "because they don't
put in the hours" then they will have a very strong case that they
were in fact hourly employees and their entire employment history
should be reviewed and, should they have worked beyond the nominal
hours, overtime will have to be paid.
>
> We are all hourly employees. Employers, employees, all hourly - no
> matter how we restructure the wage-paying arrangement to add value to
> the people skilled enough that employers want to retain them long-
> term.

That is legally untrue for salaried employees. If it's true, they are
not (legally) salaried employees.


Philip Hodgetts
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