Employment Law/My Rights

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Question
Hello Ms. McAllister,

I work for a logging company in western ky. i have been employeed by them for almost 4yrs. I was hired as a driver to transport logs from the woods to the local wood yards. my boss cuts the trees and prepares them for the transport.

At this time I am paid a salary base up to 10 loads hauled then extra for each load after that. Recently my boss decided to open his own saw mill this is a third company for which they operate and have seperate employees for.

However, due to recent rains and break downs we havent been able to get into the woods to gather logs so he has decided to have me work at the saw mill on the days i can not haul logs... this wasnt a posistion i had applied for or asked for it is beyond my physical capabilities.

I am a 48 yr old woman with athsma and can not handle the dust and heat. also my job duty is to pull boards and stack them into bundles they weigh around 40lbs a piece and you can stack upto 200+ boards per day. The employees that are regulars at the mill work on hourly pay.

My pay doesnt change. they work 10 hour shifts. i have tried to comply with his wishes but it has made me physically ill. to the point of vomiting and having to have breathing treatments. I have had to take sick days to recover and he acts as if this isnt his problem if i want a job then this is part of it. Do I have any rights here at all?

Do I have to work in a possition that i wasnt hired for? and am not physically able to due to keep my job? do i fall under exempt because of being a driver or non-exempt as being a production worker? I make less than the 23,600. Please if you have any information,or can help privide me with some advice it would be greatly appreciated

Thank you,

Kennae

Answer
The only thing you could do is ask to be off without pay when there is no driving work. If you work for a company you cannot pick the job they give you to do when work is slow. You can quit and find a different job.  If you drive truck you should be able to find a good job driving for another company.

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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