What are my rights if I’m an exempt employee who has been asked to perform managerial duties in an “acting” role for a year without getting a official promotion or pay raise to manager level?

Am I being exploited? I’m a software engineer.

Asked on September 22, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you are being exploited. But unfortunately, it's not even remotely illegal to exploit employees. Employers have 100% discretion as to what duties to require employees to perform how many hours they have to work subject only to paying nonexempt employees overtime as applicable and paying hourly employees for all hours worked what responsibilities, titles, and authority to give employees whether to make a position permanent, temporary, acting, etc. whether and when to promote whether, when, and how much to give as a raise. So your employer can keep you as an "acting" manager for forever, without an official promotion or any pay raise.


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