My sister's work is making her work without pay

[MagnusTheBrewer]

just leave...you're off the clock. can report to state authorities but I doubt they'll care before you lose the job.

That attitude is what low life employers count on. If she follows through, she will get paid for the hours she worked.

 

[JMapleton]

She might lose the job if she complains, but I would report to the proper authorities despite. I would not put up with that.

If they fire her for complaining or reporting it to the labor board, I'm not a lawyer, but I would talk to one. She might be able to sue. I'm not a lawyer though and this is not legal advice.

 

[Imp]

just leave...you're off the clock. can report to state authorities but I doubt they'll care before you lose the job.

Probably true. Unless someone dies, gubment won't care unless you have a team of lawyers. If you do have a team of lawyers, you'd probably be doing your own exploiting.

Thank goodness for foreign workers who don't know the law or the language.

 

[Brainonska511]

Probably true. Unless someone dies, gubment won't care unless you have a team of lawyers. If you do have a team of lawyers, you'd probably be doing your own exploiting.

Thank goodness for foreign workers who don't know the law or the language.

NYS has been going after plenty of employers of minimum wage workers for wage theft. I doubt the workers are higher high-priced teams of lawyers to get the ball rolling.

 

[CPA]

It is illegal to ask non-exempt employees to work without pay. They MUST be paid for every minute they work. Look up exempt versus non-exempt workers. It's a Federal law.

This, and as a manager who has non-exempt employees, I make sure when they are off the clock, they are off the clock.

She needs to file with the Fair Labor Board. She can do it anonymously, and he can't fire her for it, otherwise he'll have another issue on his hand.

 

[MagnusTheBrewer]

NYS has been going after plenty of employers of minimum wage workers for wage theft. I doubt the workers are higher high-priced teams of lawyers to get the ball rolling.

So has Arizona and, if any State has a vested interest in cheap labor, it's Arizona.

 

[Mide]

That attitude is what low life employers count on. If she follows through, she will get paid for the hours she worked.

What attitude? It's a realistic outcome.

Girl has job. Girl is getting taken advantage of and forced to stay after shift and work off the clock. Girl has 2 choices: work or leave at assigned end of shift. If she continues working she gets screwed out of money. If she leaves, she will probably get spoken to and will eventually get fired (albeit illegally). Girl can report to state labor board before or after getting fired. Outcome of this is unknown. If lawyers are required, it will cost her more to get that ball rolling than the money she will get back. If she just needs to fill out a form and submit it, then more power to her. She will probably win and get paid for the hours she is owed. Either way she is out of the job. If the state board can somehow force the employer to rehire her, she will be treated like crap to the point that she will end up leaving anyway. For the girl it is a lose/lose situation.

I'm all for reporting a crappy employer, but people are generally too lazy to even submit mail-in rebates for merchandise. I doubt they would go through the hassle of reporting an employer and all the paperwork that it entails vs just quitting and getting another low wage job.

 

[MagnusTheBrewer]

What attitude? It's a realistic outcome.

Girl has job. Girl is getting taken advantage of and forced to stay after shift and work off the clock. Girl has 2 choices: work or leave at assigned end of shift. If she continues working she gets screwed out of money. If she leaves, she will probably get spoken to and will eventually get fired (albeit illegally). Girl can report to state labor board before or after getting fired. Outcome of this is unknown. If lawyers are required, it will cost her more to get that ball rolling than the money she will get back. If she just needs to fill out a form and submit it, then more power to her. She will probably win and get paid for the hours she is owed. Either way she is out of the job. If the state board can somehow force the employer to rehire her, she will be treated like crap to the point that she will end up leaving anyway. For the girl it is a lose/lose situation.

I'm all for reporting a crappy employer, but people are generally too lazy to even submit mail-in rebates for merchandise. I doubt they would go through the hassle of reporting an employer and all the paperwork that it entails vs just quitting and getting another low wage job.

You are being very short sighted. By following through she gets the money owed to her, she also helps eliminate another lowlife employer. Your attitude of move on and let it be someones else problem, is what encourages bad owners/managers to continue. This kind of thing doesn't only happen with entry level minimum wage jobs. Seriously, take some ownership and have a little self respect and do what you can to stop this kind of business practice because it does affect you in the long run.

 

[Imp]

NYS has been going after plenty of employers of minimum wage workers for wage theft. I doubt the workers are higher high-priced teams of lawyers to get the ball rolling.

How dare you upset my overly cynical world view...

 

[Mai72]

Welcome to reality. Tell her to suck it up and to get back to work.

 

[HeXen]

It's illegal. End of story. This business needs to be reported to the labour board.

Like that ever makes a difference. The investigator would have to catch him working his employees without pay. Probably won't happen once he knows he's under investigation.

I made a report once years ago..nothing happened. Never heard a word about it.

Once you have signed, dated, and submitted your Report of Labor Law Violation form, it will be evaluated and, if appropriate for investigation, will be assigned to an investigator. You may be contacted for additional information. An investigation usually involves an on-site inspection of the employer's business to determine whether violations exist.

lol, onsite inspection...sure that'll solve it all won't it.

 

[Thebobo]

what dishes?

 

[Pulsar]

She might lose the job if she complains, but I would report to the proper authorities despite. I would not put up with that.

If they fire her for complaining or reporting it to the labor board, I'm not a lawyer, but I would talk to one. She might be able to sue. I'm not a lawyer though and this is not legal advice.

Firing her for taking illegalities to the proper authorities falls under whistleblower protection laws in many states.

 

[pete6032]

Tell her to start documenting the extra hours. Then after a while of getting this documented have her stand up for herself. If she gets fired she can sue.

 

[Red Squirrel]

Sadly this is what we seem to be heading towards. Companies can get away without paying you OT if they want to, because the job market is so scarce that you're even lucky to have a job and wont risk the job by saying no. Even if there are laws against stuff like that, it takes somebody to report it, and nobody wants to risk their jobs doing that.

 

[waffleironhead]

She sounds naive and easily manipulated. Is she free this Saturday?

 

[ultimatebob]

Source of the 87% pay gap, find another better job, document and file a claim with the labor board.

Bitching to the state labor board will get her the back pay she deserves, but it will also get her fired instantly. Trust me, I've seen it happen before when I tipped them off about a company that owed one of my friends a few weeks of back pay.

Don't forget that we live in an "at will" employment country. They don't need a good excuse to fire you, as any excuse (that isn't blantly racist or sexist) will work.

 

[BoomerD]

This, and as a manager who has non-exempt employees, I make sure when they are off the clock, they are off the clock.

She needs to file with the Fair Labor Board. She can do it anonymously, and he can't fire her for it, otherwise he'll have another issue on his hand.

While that bolded part is true, sadly, there are so many other reasons to fire someone or lay them off...it would have to be written on her termination paperwork, "Fired for reporting me to the labor board." to prove WHY she was let go...

It's also true that if she files and can prove the extra hours, she'll eventually get paid for those...and IF the investigators are worth their pay, they'll also find other employees who have been similarly treated by the employer...it's HIGHLY unlikely that the OP's sister is the only one...

BUT, odds are, they'll do a cursory visit to the jobsite and find no violations...and chalk it up to a disgruntled employee.

 

[purbeast0]

no one is making her do anything. she can quit.

 

[iwajabitw]

Well heads up. My brother is a meteorologist...guess what? He worked 2 yrs for the National Weather Service while finishing his degree for free. Lived way below the poverty line, had full time school, a full time job with blockbuster video, and a full time job at the NWS...Now he is loaded out at 100K a year, but he had to put in is dues. And that was by our beloved,(cough) bullshit, federal government. Just saying....

 

[Newbian]

The lack of pic requests makes me sad.

 

[pontifex]

What kind of gas station has dishes?

finally someone asked!

 

[amdhunter]

What kind of gas station has dishes?

If you hire a woman you should have a job specifically for her skill set.

 

[Newbian]

If you hire a woman you should have a job specifically for her skill set.

They sell freshly made sandwiches there also?

 

[desura]

Contact the US Department of Labor, Wage and Hour Division. Don't contact the labor board, they only get involved in Unionized workforces, or places attempting to organize a union.

Contact numbers for each state are here:

http://www.dol.gov/whd/america2.htm

What you have described is not an uncommon practice, even Walmart has been busted for it. You don't have to give your sister's name, although she should make the call.

They will ask about the pattern, the frequency, and the number of employees.

No employee deserves to be intimidated into working off the clock. She's in fear for her job, so she does it.

Thanks for this response.