Quit? Or Make the Best of Current Situation?

Q What can I do to motivate myself working for a company that I don’t like? I have been working for this firm for more than a year and a half, and I am just not happy anymore. I’m trying to find a new job, but it is difficult because I am in school and my current job allows me to attend school. Since I feel as if I’m stuck in this job, how can I make my job a more enjoyable one?

--J.W., West Covina

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A You should try to find a more rewarding job that will accommodate your schooling rather than stay in a job that you dislike.

To stay in a job that makes you unhappy is a no-win situation. It makes your life miserable, and it probably adversely affects your work performance.

Looking for another job also will allow you to improve your job search skills, which would be a benefit when you search for future jobs after you complete your schooling.

--Ron Riggio, director

Kravis Leadership Institute

Claremont McKenna College

Exempt Workers Not Entitled to Overtime

Q I am an exempt employee at a privately owned company. Can the company legally schedule me to work 45 hours a week (8 a.m. to 6 p.m. daily, with one hour for lunch)? I also am on call after hours and on weekends. If I get a call or am forced to work from home, what type of compensation should I receive?

--C.S., Redondo Beach

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A As an exempt employee, you can be required to work at any time, including nights and weekends, without extra compensation. By definition exempt employees are not subject to the protections of state and federal minimum wage and overtime laws.

Employees are sometimes incorrectly classified as exempt. The requirement that you adhere to a weekly work schedule may be an indication that you are nonexempt and therefore entitled to overtime pay.

If you suspect that you have been misclassified, you should consult an employment attorney or contact the California Labor Commissioner.

--Joseph L. Paller Jr.

Union, employee attorney

Gilbert & Sackman

Change in Pay Means Change in 401(k)

Q I am a sales manager with a local hotel, and it matches part of my contribution to the company’s 401(k) program. In recent years, the company has frozen my base salary and increased the commission to the point at which it now totals almost as much as my salary. Last January, my employer said the commission would no longer qualify for 401(k) matching contributions from the company. The company argues that it is a bonus or incentive.

Is this legal?

--D.D., Los Angeles

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A I assume that your employer’s plan prohibits your making 401(k) contributions from your commissions, making you ineligible for matching contributions.

The employer is not required to consider all of an employee’s income in determining contributions to a 401(k) plan. Many employers’ plans exclude such items as overtime payments, moving expense reimbursements, severance pay and expense allowances.

--Kirk F. Maldonado

Employee benefits attorney

Riordan & McKinzie

Co-Worker Won’t Let Up on Insults

Q One of my co-workers never lets up about my receding hairline, makes insulting comments about a gap between my two front teeth, and is obsessed with trying to figure out my ethnic background. One day recently, he stood outside my office and made insulting comments about my teeth. It was like being in high school, not a professional work environment. Do I have any legal recourse?

--R.L., Huntington Beach

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A You may have a claim that your co-worker is creating a hostile work environment for you based on your national origin, your age (if you are at least 40 years old) or both.

All employees in California have a right to work in a workplace that is free from harassment based upon sex, race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, marital status or age.

Employers have a duty to take all reasonable steps to prevent such harassment in the workplace.

To bring such a claim successfully, you would have to establish that the harassment was based on your national origin and/or your age and was so severe and pervasive as to interfere with your working conditions and create an abusive work environment.

I recommend that you attempt to speak to a member of management who is in charge of personnel and explain the situation.

If you believe that would be futile, you should contact the California Department of Fair Employment and Housing at the number in your phone book.

The agency will listen to your story and assist you in making a claim if it believes such action is appropriate.

If your claim is ultimately successful, you may recover any compensation you have lost and perhaps punitive damages too.

--Diane J. Crumpacker

Management law attorney

Fried, Bird & Crumpacker

If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873, or e-mail it to [email protected]. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice.