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If your official time is 9-5 and your boss is always late

alkemyst

alkemyst

No Lifer
This is Florida in case that matters.

I have a friend that talked about their paychecks always being only for 35-37 hours a week due to their boss always being late for the 'official' start of their scheduled times.

The team gets there and ends up waiting at the door for 15mins to up to 2 hours at times for the boss to get there (actually it's the manager, not the top boss who would be the regional then district then etc)...they will not let them be paid for their waiting and makes them clock out at the normal time so the next shift can start (and then leaves as the night manager comes on, and on time)....

Is this legal? Personally I don't see how it can be, since you are told to report to work at X hour and you are there. To me that is the contract, whether or not your 'boss' is there to open the door is outside that.

I am glad I don't deal with these kinds of things, but they are young and just starting out.

I told them to quit, however; they really like the job.

let me know, thanks in advance

Å
 
I don't know the answer to your specific example, but I'm going to take a guess that you'd win in this situation: when you show up for work, start working! Don't just stand there... pick dandelions out of the lawn; pick up cigarette butts in the parking lot. It doesn't matter if it's in your job description or not; if you're an hourly employee, working at your designated time, you get paid. I don't think that the inability to punch in on a time clock allows the company not to pay you. (They can't dock you a day's pay for forgetting to punch in, can they? Of course, you may have to do a little paperwork making sure you got paid, but they have to pay you if you worked.)
 
It's certianly not ehtical, if not illegal. There have been many cases like that in he US where employees have been docked hours, or made to work more than 40 hours/week without getting paid extra. Your freind and his co-workers need to speak up.
 
Is the door locked so you can't get in when you get there and have to wait for the manager to open it up? I'd complain up the chain as high as you can get. That sounts pretty illegal to me or at least immoral.

If nothing else, place a callor two to the local TV stations to report the unjust employment practices. Maybe they'll do an investigation. That usually gets things rolling.
 
Originally posted by: FrankyJunior
Is the door locked so you can't get in when you get there and have to wait for the manager to open it up? I'd complain up the chain as high as you can get. That sounts pretty illegal to me or at least immoral.

If nothing else, place a callor two to the local TV stations to report the unjust employment practices. Maybe they'll do an investigation. That usually gets things rolling.
Click to expand...

They are in a mall job. The 'gate' is closed. Their manager rolls in late once even sitting somewhere and eating their breakfast.

There have been complaints...supposedly (many people say they said something too, when they didn't). This person wrote a letter that was answered in basically that the manager didn't know how they could be accused of that, they are early each day and most of the employees are late.
 
Employee's complaints will go nowhere. Now if some customers call the district manager, reporting that the store is not open for advertised hours, over and over again, that would be different.
Your friends have friends who could do this, and likely legitimately.
 
No, it is not legal and the company could be in a rather serious legal position. Their boss needs to be reported and if nothing changes they should talk with the Department of Labor.

ZV
 
You and they need to step back and take stock.

The only answer is to quit. (period)

If they like the job and are willing to put up with the manager's flakiness then they should stay.

If they're not willing to put up with the manager's flakiness, they could complain to the DM, likely get the manager fired or moved, and end up with a 'new broom' whom would of course 'sweep clean'.

Seriously, if that's the only thing they have to put up with, tell them to save their money and buy a portable DVD player, then keep it in the car for those occasions when the manager is late.

Since it's just a mall job, why rock the boat, it's silly.
 
I dunno about Florida law, (and am too lazy to look it up) but I suspect what the manager is doing, is illegal. However, fixing the problem isn't going to be easy...if you complain to the DM, you'll pizz-off the mgr, and no doubt, he'll retaliate if he can. If you complain to the state/feds, then both he & the company will be pizzed...and in both cases, I'd expect to see people start losing jobs for "reasons unrelated to the complaints, and not at all for retaliation"...
 
Originally posted by: skyking
Employee's complaints will go nowhere.
Click to expand...
Bull. Any decent company with a properly functioning HR department will address these complaints because they will be aware of the legal issues.

ZV
 
I think it might depend on state law. They should complain to the guy above him. If it's not illegal, it's still bullcrap. One of them should have a key or something so everyone can enter the building and start working.
 
Originally posted by: Zenmervolt
Originally posted by: skyking
Employee's complaints will go nowhere.
Click to expand...
Bull. Any decent company with a properly functioning HR department will address these complaints because they will be aware of the legal issues.

ZV
Click to expand...

Worked a lot of small time retail I see? :roll:
 
Originally posted by: BoomerD
I dunno about Florida law, (and am too lazy to look it up) but I suspect what the manager is doing, is illegal. However, fixing the problem isn't going to be easy...if you complain to the DM, you'll pizz-off the mgr, and no doubt, he'll retaliate if he can. If you complain to the state/feds, then both he & the company will be pizzed...and in both cases, I'd expect to see people start losing jobs for "reasons unrelated to the complaints, and not at all for retaliation"...
Click to expand...
Actually, retaliation suits are incredibly easy for employees to win given the current legal climate. The company would have to be incredibly stupid to do something like that after an employee blew a whistle.

What the employees need to do is get in touch with corporate HR and formally file complaints. HR will take action.

ZV
 
Originally posted by: djheater
Originally posted by: Zenmervolt
Originally posted by: skyking
Employee's complaints will go nowhere.
Click to expand...
Bull. Any decent company with a properly functioning HR department will address these complaints because they will be aware of the legal issues.

ZV
Click to expand...
Worked a lot of small time retail I see? :roll:
Click to expand...
I work in HR for a company that is more than 50% "small time" retail outlets. If the employees actually contact HR directly, there will be action taken. It's a gigantic legal risk to the company and if the company has a true HR department, HR absolutely will take action if employees complain directly.

ZV
 
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