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	Comments on: Taking Advantage of an Exempt Employee	</title>
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		<title>
		By: I smell kaka		</title>
		<link>https://www.evilhrlady.org/2008/04/taking-advantage-of-exempt-employee.html#comment-218745</link>

		<dc:creator><![CDATA[I smell kaka]]></dc:creator>
		<pubDate>Wed, 11 Mar 2020 04:54:22 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.evilhrlady.org/2008/04/taking-advantage-of-exempt-employee.html#comment-2217&quot;&gt;HR Godess&lt;/a&gt;.

HR Godess, did you just blame your professional problems on people who challenge the lip service that the EHRL gave to a woman who clearly should seek legal advice as she may be entitled to damages, OT, and could even keep her job?  Here&#039;s the thing, HR Godess, you are paid to protect the interest of your employer, everything is screened under the pretense of liability and you get to operate independently from other departments and have access to very sensitive information and honestly, your mind lives within the confines of the regulations and red tape that keep your profession afloat.
Your words, people who think they know more than you are a big problem in your profession. Followed with the sentiment: don&#039;t ask the HR Godess for HR advice because we might not like your answer. 
To say that her status of being exempt was not an issue because she didn&#039;t consider it to be an issue is the most RETARDED, yes I said RETARDED, reasoning and very disappointing coming from the HR Goddess.  Whomever you are and the Evil HR Lady is y&#039;all probably shouldn&#039;t hold yourselves up as gurus in your field because you both botched it. Bad advice deserves to be challenged.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.evilhrlady.org/2008/04/taking-advantage-of-exempt-employee.html#comment-2217">HR Godess</a>.</p>
<p>HR Godess, did you just blame your professional problems on people who challenge the lip service that the EHRL gave to a woman who clearly should seek legal advice as she may be entitled to damages, OT, and could even keep her job?  Here&#8217;s the thing, HR Godess, you are paid to protect the interest of your employer, everything is screened under the pretense of liability and you get to operate independently from other departments and have access to very sensitive information and honestly, your mind lives within the confines of the regulations and red tape that keep your profession afloat.<br />
Your words, people who think they know more than you are a big problem in your profession. Followed with the sentiment: don&#8217;t ask the HR Godess for HR advice because we might not like your answer.<br />
To say that her status of being exempt was not an issue because she didn&#8217;t consider it to be an issue is the most RETARDED, yes I said RETARDED, reasoning and very disappointing coming from the HR Goddess.  Whomever you are and the Evil HR Lady is y&#8217;all probably shouldn&#8217;t hold yourselves up as gurus in your field because you both botched it. Bad advice deserves to be challenged.</p>
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		<title>
		By: Anonymous		</title>
		<link>https://www.evilhrlady.org/2008/04/taking-advantage-of-exempt-employee.html#comment-204033</link>

		<dc:creator><![CDATA[Anonymous]]></dc:creator>
		<pubDate>Mon, 17 Nov 2014 16:53:41 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.evilhrlady.org/2008/04/taking-advantage-of-exempt-employee.html#comment-2217&quot;&gt;HR Godess&lt;/a&gt;.

Your job as an HR professional is to be knowledgable in your field... Not to say, &quot;take it or leave it, and if I am wrong so what?&quot; This is a garbage excuse and a half-assed reply. If you can&#039;t function as an HR professional, get out of the field. Making excuses for your inadequacies in the field and shoving the problem off in an effort to deny responsibility is the reason laugh at the HR field.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.evilhrlady.org/2008/04/taking-advantage-of-exempt-employee.html#comment-2217">HR Godess</a>.</p>
<p>Your job as an HR professional is to be knowledgable in your field&#8230; Not to say, &#8220;take it or leave it, and if I am wrong so what?&#8221; This is a garbage excuse and a half-assed reply. If you can&#8217;t function as an HR professional, get out of the field. Making excuses for your inadequacies in the field and shoving the problem off in an effort to deny responsibility is the reason laugh at the HR field.</p>
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		<title>
		By: Evil HR Lady		</title>
		<link>https://www.evilhrlady.org/2008/04/taking-advantage-of-exempt-employee.html#comment-60587</link>

		<dc:creator><![CDATA[Evil HR Lady]]></dc:creator>
		<pubDate>Fri, 06 Sep 2013 04:58:14 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.evilhrlady.org/2008/04/taking-advantage-of-exempt-employee.html#comment-60583&quot;&gt;Irving Schmaltz&lt;/a&gt;.

Yes. Unless, possibly you had some disability and this was a pre arranged accommodation. You are an adult. Wait 30 seconds for someone to finish in the bathroom.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.evilhrlady.org/2008/04/taking-advantage-of-exempt-employee.html#comment-60583">Irving Schmaltz</a>.</p>
<p>Yes. Unless, possibly you had some disability and this was a pre arranged accommodation. You are an adult. Wait 30 seconds for someone to finish in the bathroom.</p>
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		<title>
		By: Irving Schmaltz		</title>
		<link>https://www.evilhrlady.org/2008/04/taking-advantage-of-exempt-employee.html#comment-60583</link>

		<dc:creator><![CDATA[Irving Schmaltz]]></dc:creator>
		<pubDate>Fri, 06 Sep 2013 04:04:15 +0000</pubDate>
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					<description><![CDATA[Is it legal to fire someone for peeing in the breakroom?  I had no choice as both restrooms were occupied.]]></description>
			<content:encoded><![CDATA[<p>Is it legal to fire someone for peeing in the breakroom?  I had no choice as both restrooms were occupied.</p>
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		<title>
		By: Raymond		</title>
		<link>https://www.evilhrlady.org/2008/04/taking-advantage-of-exempt-employee.html#comment-2227</link>

		<dc:creator><![CDATA[Raymond]]></dc:creator>
		<pubDate>Thu, 08 May 2008 15:06:00 +0000</pubDate>
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					<description><![CDATA[One thing that I&#039;ve found to be helpful is simply tell the boss:  &quot;here&#039;s all the things you&#039;ve given me to do, they&#039;re just not all going to get done this week, what should I work on first?&quot;  That puts it back on the higher up to set the priority of all their projects and eventually may clue them in that you&#039;re drowning.]]></description>
			<content:encoded><![CDATA[<p>One thing that I&#8217;ve found to be helpful is simply tell the boss:  &#8220;here&#8217;s all the things you&#8217;ve given me to do, they&#8217;re just not all going to get done this week, what should I work on first?&#8221;  That puts it back on the higher up to set the priority of all their projects and eventually may clue them in that you&#8217;re drowning.</p>
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		<title>
		By: jaded hr rep		</title>
		<link>https://www.evilhrlady.org/2008/04/taking-advantage-of-exempt-employee.html#comment-2226</link>

		<dc:creator><![CDATA[jaded hr rep]]></dc:creator>
		<pubDate>Thu, 01 May 2008 18:33:00 +0000</pubDate>
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					<description><![CDATA[Oops...&quot;because the employee was feeling taken care of&quot; should be &quot;because the employee was feeling taken advantage of.&quot;  Stupid typos.  Although to anonymous&#039; defense, I&#039;m not a people person either.  Haha...I find many of my colleagues in HR wouldn&#039;t classify themselves that way either.  :)]]></description>
			<content:encoded><![CDATA[<p>Oops&#8230;&#8221;because the employee was feeling taken care of&#8221; should be &#8220;because the employee was feeling taken advantage of.&#8221;  Stupid typos.  Although to anonymous&#8217; defense, I&#8217;m not a people person either.  Haha&#8230;I find many of my colleagues in HR wouldn&#8217;t classify themselves that way either.  🙂</p>
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		<title>
		By: jaded hr rep		</title>
		<link>https://www.evilhrlady.org/2008/04/taking-advantage-of-exempt-employee.html#comment-2225</link>

		<dc:creator><![CDATA[jaded hr rep]]></dc:creator>
		<pubDate>Thu, 01 May 2008 18:25:00 +0000</pubDate>
		<guid isPermaLink="false">http://localhost/wordpress/2008/04/taking-advantage-of-an-exempt-employee.html#comment-2225</guid>

					<description><![CDATA[Hmm..I&#039;ll have to chime in and say I don&#039;t think there&#039;s anything wrong with the advice EHL gave either.  The question was whether anything could be done to alleviate the extra hours, because the employee was feeling taken care of, not whether or not the position was truly exempt.  Assuming this employee also understands the issues at heart with FLSA status, I think the answer &#039;nothing can be done&#039; is totally appropriate if the job is  exempt.  I have plenty of exempt employees who log 60+ hrs each week (it&#039;s also why we pay them boat loads of money, but that&#039;s a separate post...).  If the employee is prioritizing work-life balance over an (I assume) rewarding but demanding job, then that&#039;s the decision s/he needs to make.  Now is the company smart  for letting qualified and capable employees burn out with the extra hours?  Perhaps not, but that&#039;s also a different question.  The post states this is a non-profit, so maybe budget is an issue.  Regardless, if you know you&#039;re not getting overtime in a job, yet it&#039;s asking for regular commitments of 50+ hours a week - then it really is a choice the employee/applicant needs to make.]]></description>
			<content:encoded><![CDATA[<p>Hmm..I&#8217;ll have to chime in and say I don&#8217;t think there&#8217;s anything wrong with the advice EHL gave either.  The question was whether anything could be done to alleviate the extra hours, because the employee was feeling taken care of, not whether or not the position was truly exempt.  Assuming this employee also understands the issues at heart with FLSA status, I think the answer &#8216;nothing can be done&#8217; is totally appropriate if the job is  exempt.  I have plenty of exempt employees who log 60+ hrs each week (it&#8217;s also why we pay them boat loads of money, but that&#8217;s a separate post&#8230;).  If the employee is prioritizing work-life balance over an (I assume) rewarding but demanding job, then that&#8217;s the decision s/he needs to make.  Now is the company smart  for letting qualified and capable employees burn out with the extra hours?  Perhaps not, but that&#8217;s also a different question.  The post states this is a non-profit, so maybe budget is an issue.  Regardless, if you know you&#8217;re not getting overtime in a job, yet it&#8217;s asking for regular commitments of 50+ hours a week &#8211; then it really is a choice the employee/applicant needs to make.</p>
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		<title>
		By: Corey J. Feldman		</title>
		<link>https://www.evilhrlady.org/2008/04/taking-advantage-of-exempt-employee.html#comment-2224</link>

		<dc:creator><![CDATA[Corey J. Feldman]]></dc:creator>
		<pubDate>Thu, 01 May 2008 15:27:00 +0000</pubDate>
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					<description><![CDATA[I can’t speak for EHRL but I would have assumed it was exempt as well.  She/He clearly has supervisory responsibility and based on the credentials comment probably hits the learned professions exception as well.]]></description>
			<content:encoded><![CDATA[<p>I can’t speak for EHRL but I would have assumed it was exempt as well.  She/He clearly has supervisory responsibility and based on the credentials comment probably hits the learned professions exception as well.</p>
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		<title>
		By: lydiajane		</title>
		<link>https://www.evilhrlady.org/2008/04/taking-advantage-of-exempt-employee.html#comment-2223</link>

		<dc:creator><![CDATA[lydiajane]]></dc:creator>
		<pubDate>Thu, 01 May 2008 00:58:00 +0000</pubDate>
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					<description><![CDATA[In order to address this issue professionally, you might want to document how you are spending your tme, i.e. what is taking 50-60 hours a week to get the job done.  Keep a daily log, and set up a meeting with your boss.  Show him your log, and in a non-confrontational way let him know that you can not keep up this work load, and what would s/he recommend you work together to resolve this issue.  Give him/her all the opportunity to work it out.  If s/he really values your contributions and knows you are serious about your need for a work/life balance s/he should do what it takes to make it work.&lt;br/&gt;&lt;br/&gt;If s/he doesn&#039;t, then you are indeed up against a wall, and either have to suck it up - or look elsewhere, quietly and with great stealth....because if h/she won&#039;t support you in this very reasonable request then you can not expect s/he to respond reasonably if s/he knows you have decided to go elsewhere.  Good luck!]]></description>
			<content:encoded><![CDATA[<p>In order to address this issue professionally, you might want to document how you are spending your tme, i.e. what is taking 50-60 hours a week to get the job done.  Keep a daily log, and set up a meeting with your boss.  Show him your log, and in a non-confrontational way let him know that you can not keep up this work load, and what would s/he recommend you work together to resolve this issue.  Give him/her all the opportunity to work it out.  If s/he really values your contributions and knows you are serious about your need for a work/life balance s/he should do what it takes to make it work.</p>
<p>If s/he doesn&#8217;t, then you are indeed up against a wall, and either have to suck it up &#8211; or look elsewhere, quietly and with great stealth&#8230;.because if h/she won&#8217;t support you in this very reasonable request then you can not expect s/he to respond reasonably if s/he knows you have decided to go elsewhere.  Good luck!</p>
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		<title>
		By: Ask a Manager		</title>
		<link>https://www.evilhrlady.org/2008/04/taking-advantage-of-exempt-employee.html#comment-2222</link>

		<dc:creator><![CDATA[Ask a Manager]]></dc:creator>
		<pubDate>Wed, 30 Apr 2008 23:23:00 +0000</pubDate>
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					<description><![CDATA[Wow, Anonymous (the first one, not the lawyer) is way out of line.  What a jerk.&lt;br/&gt;&lt;br/&gt;Anyway, I think EHRL&#039;s advice is exactly right. The issue is ultimately that you and your boss have different ideas about how much you should be working and you need to address it head-on. Saying &quot;you&#039;re exempt&quot; is an unbelievably lame reply to &quot;I want to find a way to work fewer hours.&quot;  The appropriate response would be for your boss to either work with you on ways to make that happen to or to tell you, &quot;This job, unfortunately, is what it is. I know it&#039;s evolved into something different than when we first hired you, but because of x, y, and z, this is the way it needs to stay.&quot; Then you can make an informed decision about whether you want to stay there or not.]]></description>
			<content:encoded><![CDATA[<p>Wow, Anonymous (the first one, not the lawyer) is way out of line.  What a jerk.</p>
<p>Anyway, I think EHRL&#8217;s advice is exactly right. The issue is ultimately that you and your boss have different ideas about how much you should be working and you need to address it head-on. Saying &#8220;you&#8217;re exempt&#8221; is an unbelievably lame reply to &#8220;I want to find a way to work fewer hours.&#8221;  The appropriate response would be for your boss to either work with you on ways to make that happen to or to tell you, &#8220;This job, unfortunately, is what it is. I know it&#8217;s evolved into something different than when we first hired you, but because of x, y, and z, this is the way it needs to stay.&#8221; Then you can make an informed decision about whether you want to stay there or not.</p>
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