Q: My son was promoted to the position of lead cook at a ritzy restaurant. The owner, who is also the chef, pressured him into taking this salaried position at $28,000 per year.
The problem is that salaried employees are not paid overtime. Because this restaurant regularly schedules 60-hour workweeks, my son now makes less than he did as an hourly worker. I believe this pay policy is an abuse of the cooking staff. What can be done?
A: When hourly employees are promoted into salaried supervisory jobs, they often get this unpleasant surprise. Those who have been accustomed to significant overtime are dismayed to find that their new paychecks are smaller than their old ones.
Salaried people are paid a flat amount to assume certain responsibilities and often are expected to work more than 40 hours per week. Hourly employees are paid for time worked and receive a higher rate for additional hours.
Legally, most salaried positions are exempt from requirements of the Fair Labor Standards Act. Hourly jobs usually are covered by the law and considered "nonexempt." The FLSA outlines specific criteria that differentiate exempt and nonexempt positions.
The key question is whether your son's job is classified appropriately. The proper category for "lead cook" is not immediately apparent from the job title, so you will need to compare his job duties with the FLSA descriptions. These can be found online.
If your son actually is doing nonexempt work but receiving no overtime, the owner is breaking the law. But if his job is appropriately exempt, this pay change is a side effect of his promotion.
If cooking is just a temporary job for your son, he could ask to give up the lead role and return to an hourly status. But if his career goal is to become a chef or run a restaurant, the new position is a positive career step.
Q: I'm looking for a new job, because I've been sexually harassed by my boss, who is the CEO of the company. When interviewers ask why I'm seeking a new position, should I tell them the truth? Or just say I'm looking for something more challenging?
A: Because interviewers are always on the alert for potential problems, you never should mention sexual harassment during a job search. Instead of being sympathetic, the interviewer may jump to the erroneous conclusion that you could be a troublemaker. This isn't fair, but it's a fact.
You want to shine the spotlight on your outstanding qualifications, not your boss's sexual shenanigans. So when discussing your decision to leave, give a truthful reason that has nothing to do with the lecherous CEO. Smart applicants explain why they're excited about a new job, not why they had problems with the old one.
- Marie G. McIntyre is an Atlanta-based workplace coach. Her weekly column is syndicated by Knight Ridder/Tribune News Service. Send questions at www.yourofficecoach.com.