July 13, 2003
Q. After last winter's blizzard, my wife's company instituted a policy of mandatory telecommuting on bad-weather days. Those who
protested this invasion of home were told that anyone who missed a workday because of inclement weather would be charged for personal
leave. Employees were given one of two options: Haul home one of the soon-to-be-outdated personal computers left over from a recent
company upgrade or install a company-provided software package on our personal PC. Since leave isn't easy to accrue, and we had no
room for a third computer at home, my wife installed the software on our computer. But now the company calls my wife with odd jobs
during weekends and holidays, for which she never receives any sort of compensation. Is this legal? Can a company use the premise of
the rare snow day to basically force 24-hour access on its employees?
A. Diane A. Seltzer, a Washington lawyer who has represented both corporate and employee interests, said "I don't see where that's unfair" to ask employees to be
connected via a computer at home with the office, or the snow-day-related policy that prompted it.
"My greater concern," she said, "is the pay issue."
If she is not exempt from the federal wage law, "she's missing out on being paid overtime," Seltzer said. If she is exempt, she ought to accept intrusions on her
private life as part of the conditions of her employment.
But Seltzer said that if she is not classified as an executive, an administrator or a professional, or part of an outside sales force, she is probably entitled to
overtime for any hours she works beyond 40 in a week. Seltzer said the law defines an executive as someone whose "primary duty is the management of an enterprise,
or at least a department," who manages at least two other workers and has the right to hire or fire them. She said an administrator is someone who primarily does
office work related to management policies or the general operation of the business. Executives and administrators are able to exercise discretionary and independent
authority. Seltzer said professionals would mostly be workers with specialized knowledge, such as doctors or lawyers.
"It's good to love your job, but that doesn't mean it's a volunteer effort," she said.
Seltzer said that the next time the woman is asked to do off-hours work, she might say, "I'm happy to do it when I can, but I think it's only fair I be paid for it."
Seltzer added: "She has to stick up for herself, but she doesn't have to be offensive about it."
Copyright The Washington Post Company Jul 13, 2003