Although most public education campaigns, such as this one in...

Although most public education campaigns, such as this one in the Sioux City Journal, have been drawn to the crisis of bullying in the nation's schools, the business world is not immune to this kind of workplace conflict among co-workers. Credit: AP

I asked a local psychologist to weigh in on your question. First, he said, you have to accept that you aren't going to single-handedly change the bully's ways.

"There is no real good answer that will please this questioner, because there is nothing the questioner can do that will change the person who is being bossy," said Charles L. Sodikoff, a psychologist based in North Merrick.

But you can try to minimize contact with the difficult colleague.

"It is obvious that direct confrontation will not work," Sodikoff said. "The only thing that can be done is to find a way to not interact with that person, take steps to have her reprimanded or fired [keeping accurate records of events and incidents that show her bossiness] or have the questioner move on to a new job."

You should also avoid taking the attacks personally, no matter how painful they are.

"The only other response is to maintain self-esteem, let the cursing, etc. roll off his or her back, recognize it is not personal and that it is the bully's problem, not the questioner's," he said.

Even if the day care labeled her stint as a tryout, she should be paid.

"They could call it a tryout," Miljoner said. "But they weren't just interviewing her; she did work."

The key issue here is what counts as hours worked. Certainly performing tasks at the request of the company constitutes work. And the statutory definition of hours worked is even broader and includes "to suffer or permit to work." So even if she had decided on her own to stay late to tidy up play areas and the day care center allowed it, she should be paid for that time, too.

Even waiting time would be considered hours worked if she had reported to work when the day care center asked her to but then required her to wait before taking charge of the children. That time would fall under the category of "engaged to wait," and hourly employees should be paid for it. For more information call the Labor Department at 516-338-1890 or 212-264-8185.

For more on New York's anti-bullying statute go to bit.ly/I9etiW.

For more on what constitutes "hours worked" under federal law, go to 1.usa.gov/o3pznA.

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