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Anybody know much about labor laws?

K

kyzen

Golden Member
My girlfriend works at a golf course in Colorado. Up until last week she was their "cart girl" (drives athe beverage cart, sells drinks) 3 days a week. On those 3 days she worked anywhere from 10 to 13 hours, and wass never provided with any breaks.

Last week the girl who works the poolside beverage window quit. To fill the space, they
"asked" (in a way my girlfriend felt she couldn't say no without fear of losing her job) my girlfriend to fill in for that position on the 4 days a week she wasn't doing the cart. This will also encompass 10 to 14 hour shifts a day for her. So starting this week, she is going to be working somewhere around 80 hours a week (possibly more). They do not pay her overtime for her position, and don't provide her with any breaks.

She rather timidly mentioned it to them once that she wasn't sure she could legally work that much, and they told her that because she is a "seasonal" employee there is no limit to how much they could have her work, and overtime and breaks are not required for her.

I briefly looked over the Colorado labor laws, and the only group I could find that was exempt from OT was the ski industry, and that was only for the 40 hours a week maximum; they still get OT for 12 hour or longer shifts.

Does anybody know anything about the laws in this situation, or have good advice on what to do about it? The girlfriend feels a little pressured into keeping her mouth shut because she is afraid of being fired. With better evidence that she is being completely used at work she might be willing to be a little more forceful in negotiating with her boss.
 
Originally posted by: Vegitto
Dude, why is she working there? I wouldn't wanna work there. "You can't fire me, 'cause I quit."
Click to expand...

She doesn't feel she could find another job easily enough; and because of the ridiculous hours, she can't even look for another one now.
 
People in the ski industry aren't paid overtime for working more than 40 hours a week? Jeez, I guess the ski industry has a powerful lobby to get such an unfair law passed...
 
BTW don't just quit. Report them, make damn sure she gets back wages (for unpaid OT), make them suffer.

Violations that willful & blatant can't go unpunished.

Viper GTS
 
Originally posted by: kyzen
Originally posted by: Vegitto
Dude, why is she working there? I wouldn't wanna work there. "You can't fire me, 'cause I quit."
Click to expand...

She doesn't feel she could find another job easily enough; and because of the ridiculous hours, she can't even look for another one now.
Click to expand...

wtf, is she an illegal alien? she works at a golf course, how much does she earn that she's willing to put up with this?
 
Originally posted by: da loser
Originally posted by: kyzen
Originally posted by: Vegitto
Dude, why is she working there? I wouldn't wanna work there. "You can't fire me, 'cause I quit."
Click to expand...

She doesn't feel she could find another job easily enough; and because of the ridiculous hours, she can't even look for another one now.
Click to expand...

wtf, is she an illegal alien? she works at a golf course, how much does she earn that she's willing to put up with this?
Click to expand...

About $60-$80/day in paid wages, then anywhere from $60 to $150 in tips, depending on the dat. The money isn't bad, but I'm sure she could get a job elsewhere. She's a certified massage therapist, and in school studying to be a nutritionist, I've been encouraging her to at least get a job in her field. She jut doesn't have the self confidence to actively look for one, and is a little too pessimistic about the availablity of jobs.
 
Originally posted by: KarenMarie
she should just refuse to work the hours and let them fire her. then she can collect unemployment while she sues them.
Click to expand...

There generally aren't laws restricting the number of hours an employee can require, only how employees are compensated for those hours.

They could demand she work 24/7 if they wanted, provided they follow all applicable break/meal/OT/etc.

Refusing to work the hours would be a legitimate reason to fire her.

Viper GTS
 
Originally posted by: KarenMarie
she should just refuse to work the hours and let them fire her. then she can collect unemployment while she sues them.
Click to expand...

But you might as well keep working there while you sue them just to screw with them. If they then fire her she can then sue for even more money.
 
Originally posted by: Viper GTS
Originally posted by: KarenMarie
she should just refuse to work the hours and let them fire her. then she can collect unemployment while she sues them.
Click to expand...

There generally aren't laws restricting the number of hours an employee can require, only how employees are compensated for those hours.

They could demand she work 24/7 if they wanted, provided they follow all applicable break/meal/OT/etc.

Refusing to work the hours would be a legitimate reason to fire her.

Viper GTS
Click to expand...

if there are laws that dictate her compensation .... and they are refusing to give her breaks and proper renumeration... her refusing to accept it is still grounds for termination?
 
Originally posted by: Viper GTS
Originally posted by: KarenMarie
she should just refuse to work the hours and let them fire her. then she can collect unemployment while she sues them.
Click to expand...

There generally aren't laws restricting the number of hours an employee can require, only how employees are compensated for those hours.

They could demand she work 24/7 if they wanted, provided they follow all applicable break/meal/OT/etc.

Refusing to work the hours would be a legitimate reason to fire her.

Viper GTS
Click to expand...

It still looks like the management of this company deserves a tough lesson.
 
Originally posted by: amdhunter
She's a certified massage therapist, and in school studying to be a nutritionist...
Click to expand...

LOL. I think she is better off being a slave for the golf club.
Click to expand...

Sounds like the golf club is getting a perpetual happy ending from your gf with those demands.
 
Don't know about CO but federal law does not require lunch or other breaks......


Edit: Looks like CO is 10 minutes every four hours.........and 30 for lunch
Their DOL site is broke so I can't see the full list of exemptions......
 
From personal experience, Colorado labor laws favor the employer in about every way possible. It sounds like the golf course is taking advantage of your GF, and should be reported. The law is firmly on her side, HOWEVER, be aware that in spite of this verbage in the law:

"Employers may not intimidate, threaten, restrain,
coerce, discharge, or in any manner discriminate
against any employee who has filed a complaint
under the Wage Act."

They'll most likely find a reason to let her go...Unfortunately, it happens.

http://www.dol.gov/esa/regs/compliance/whd/mwposter.htm

http://www.dol.gov/esa/regs/compliance/whd/whdfs22.htm

http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm
 
Thanks for the advice so far.

I'm sure that once she stands up to them and refuses to work such ridiculous hours that they will want to fire her. However, based on the fact that they are wanting her to work so much because they don't have anybody else to do the job, I'm pretty sure that they won't be able to fire her right away. Hopefully in the time in takes them to find somebody new to abuse, she will be able to use her off time to go look for other jobs.
 
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