The 35-year-old Bank of America (BAC.N) investment banker who died from a blood clot earlier this month wanted to leave the U.S. bank because he was working more than 100 hours a week, according to an executive recruiter who spoke with him about seeking a new job.
‘EXEMPT’. there’s no cap on salaried employees
There is a cap on salaried employees but the cap is focused on contiguous hours worked and, AFAICT, no managers have ever been held responsible for not noticing people are working that many hours - the cap is usually enforced by workers saying “Fuck you I’m going home to eat and sleep” and being immune from retribution (not from the fuck you part though).
There are also a lot of laws around workplace safety that may kick in - I worked at a game studio and our boss started paying for cabs home after 7 PM after someone complained about our neighborhood getting noticeably less safe after the dinner rush for restaurants ended. They did that voluntarily but a labor lawyer I’d spoken to after speaking with my coworker said we’d likely be able to legally compell them.
In most of the United States this is partially true: your fixed salary cannot be docked for failing to work overtime, but you can absolutely be terminated for this reason, or any other reason, or no reason at all.
You can also be offered a new job at a lower fixed salary going forward. But the fixed salary cannot be changed for periods that have already been worked.
Even in at-will employment states this is untrue… or, rather, you can be fired for any reason but it won’t be without recourse. If you’re not given a reason for dismissal but that dismissal happens right after you request FMLA leave, or announce you’re pregnant, or request reasonable accommodations for a disability, or head home after an unsafe amount of working hours… yea, your employer can fire you but it’s likely you can sue them. With all things lawyer it depends on specifics. But non-shitty labor lawyers work on commission and should be willing to review your case for viability for free.
If you were fired for an illegal reason, you probably have a better case than you think.