labor question ,"working for free"

[Indiana Mike]

I have a couple of questions for anyone who cares to answer and provide input /advice.

My oldest daughter works at Taco Bell . She graduated high school last spring and decided to get a job . I think it has been an enlightening experience for her . She has learned a lot about the adult world in a short period of time . I have always told her a formal education in a useful field or learning a useful trade is her key to freedom and helps prevent being harshed by the system of upper management. She has learned this first hand as they treat people like crap at her store . The latest is that they have everybody clock out an hour earlier than their quit time and remain at the store performing duties at no cost to the employer. She is enrolled in a state college and will begin classes soon.

I am sure this is a clear violation of federal and state laws.
Is it?
What if they get injured while "off" but still at work? Are you covered by workman's compensation insurance?

I have always taught her to stand up for herself and not let anyone take advantage of her in any way . She is upset and wants to stop this but doesn't know where to start . I emailed a question to the Indiana dept. of labor but am awaiting a response. From what I have read you cannot ask or even allow an employee to donate or volunteer their time , you HAVE to pay them.

Yes I know times are tough but let me ask . What right does her employer , a multi billion $ a year corporation, to break laws?

Can I go steal food and tell the judge "times are tough? Will he say " Oh , I see, please go on with your life and feel free to continue stealing".

Crime is crime , like it or not it's based on laws our goverment has enacted . If they don't like the laws lobby to get them changed.


Shame on you taco bell.

[Happynoj]

If my employer suggested that I work without pay I would just laugh at her. I have a contract that says that I will work for a minimum number of hours each week and that they will pay me a certain amount of money for every hour that I work. I work the hours, they pay me for them. Nothing in my contract that says that I am required to work without pay for a any reason. If I wanted to work for free I would volunteer for a charity.

[hover]

They cannot do that. Illegal. That is nuts. I bet it's a manager trying to look good on her productivity vs. hours in reports, to cheat efficiency ratings and will do or say whatever to get his / her underlings to fall in.

scumbag.

[cassanova]

I'm no lawyer but I'm pretty sure that's against the law. I'd also be willing to bet that if she got hurt on the job that workmans comp wouldn't cover it because the company has documented proof that she "wasn't working" so that would probably have to go to court to work out in her favor.

Yes I know times are tough but let me ask . What right does her employer , a multi billion $ a year corporation, to break laws?

None

Can I go steal food and tell the judge "times are tough? Will he say " Oh , I see, please go on with your life and feel free to continue stealing".

Entirely different situation. This situation is more of an ethical/moral reasoning one and the ramifications of the situation would more than likely be comepletely different than the one your daughter is in.

[Papazita]

Originally Posted by Indiana Mike

The latest is that they have everybody clock out an hour earlier than their quit time and remain at the store performing duties at no cost to the employer. I am sure this is a clear violation of federal and state laws.
Is it?

Absolutely it is! And if they're doing this with their minor employees as well, well... double whammy.

I doubt this is a company-wide policy for Taco Bell; more than likely just a douchebag store manager. I would contact Taco Bell's corporate offices and present any evidence you have. Demand that they put a stop to this and compensate your daughter for every minute that she was forced to work unpaid. CC everything to an attorney, your state's Attorney General, and Department of Labor. Raise hell.

Originally Posted by Indiana Mike

What if they get injured while "off" but still at work? Are you covered by workman's compensation insurance?

No.

Originally Posted by Indiana Mike

From what I have read you cannot ask or even allow an employee to donate or volunteer their time , you HAVE to pay them.

You work, you get paid. That's the law.

Originally Posted by Indiana Mike

What right does her employer , a multi billion $ a year corporation, to break laws?

None. Like I said though, I'm sure its not "the corporation," but rather a dbag store manager who will lose his job as soon as TB corporate gets wind of the situation. I can guarantee you that TB will show him/her no loyalty if comes down to a legal matter such as this.

[coreyfyfe]

Originally Posted by Indiana Mike

I am sure this is a clear violation of federal and state laws. Is it? What if they get injured while "off" but still at work? Are you covered by workman's compensation insurance?

I'm sure it's a violation to have them working off the clock, but they may be trying to skirt other laws, such as overtime pay if they're working over a certain number of hours in a day or hourly limitations for underage workers (MA law is you can only work between certain hours if you're under 16). Still not good. They may still be covered if they're at work after their shift. I worked at a mcdonalds when I was in high school, and we were always scolded if we didn't leave right after our shifts because of liability issues, but that may be more liability for our actions and not necessarily for our own injury.

Originally Posted by Indiana Mike

Yes I know times are tough but let me ask . What right does her employer , a multi billion $ a year corporation, to break laws?

Not sure about taco bell, but if they're like McDs, they're mostly franchises and the corporate guys don't have much to do with it unless it's a corporately owned store.

[JansenW]

I'm not a lawyer but... What the employer is doing is wrong. Consult a law firm big enough go against Taco Bell with plenty of experience in these kind of cases.

The question would be: Is she prepared (time and money wise) to fight this?

[Gard]

I agree with those that have posted "contact Taco Bell's corporate HQ with evidence".

This is either a store or district manager trying to massage their books, and is absolutely in violation of any labor law in the country.

They'll find the culprits and drop on them like a ton of bricks, and should immediately compensate your daughter.

I've seen this crap before...been involved in a similar situation (as an employee).

[Papazita]

Also, tell you daughter that if she is made to clock out early, she should just leave for the day. If she's off the clock, she's off the clock; she's on her own time, and her boss can not make her do anything or punish her for not staying.

[hover]

You'd have to start with getting all the employees in question on board with this...the whole "strength in numbers" thing...would be stronger in validating your claims.

Consult with TB corporate, show your findings. Make the labor board aware before hand. Let them know your intentions from the get-go. A hasty suit against corporate would get shot down, methinks...

[Gard]

Originally Posted by JansenW

I'm not a lawyer but... What the employer is doing is wrong. Consult a law firm big enough go against Taco Bell with plenty of experience in these kind of cases.

The question would be: Is she prepared (time and money wise) to fight this?

Having seen the inside structure of fast food franchises (my sister was a Pizza Hut manager for 15 years), I can tell you that corporate has NOTHING to do with this, and when they catch wind of it, they'll shut it off instantly, and probably fire any and everyone involved in it right away. The potential loss to Taco Bell corporate is far too high for them to have any other reaction - this is not corporate policy of any kind, this is either a store or district manager doing something stupid because they think no one will call them on it.

Call them on it.

[JansenW]

Originally Posted by Gard

Having seen the inside structure of fast food franchises (my sister was a Pizza Hut manager for 15 years), I can tell you that corporate has NOTHING to do with this, and when they catch wind of it, they'll shut it off instantly, and probably fire any and everyone involved in it right away. The potential loss to Taco Bell corporate is far too high for them to have any other reaction - this is not corporate policy of any kind, this is either a store or district manager doing something stupid because they think no one will call them on it.

Call them on it.

I think you're right!

[Gard]

Originally Posted by Papazita

Also, tell you daughter that if she is made to clock out early, she should just leave for the day. If she's off the clock, she's off the clock; she's on her own time, and her boss can not make her do anything or punish her for not staying.

Yup, clock out, walk out. Discussion over.

If there are threats, document them. They can't fire someone over leaving when their shift is done and they have clocked out, no matter what is threatened, and if they do, all heck will break loose.

[Papazita]

Originally Posted by Gard

Having seen the inside structure of fast food franchises (my sister was a Pizza Hut manager for 15 years), I can tell you that corporate has NOTHING to do with this, and when they catch wind of it, they'll shut it off instantly, and probably fire any and everyone involved in it right away. The potential loss to Taco Bell corporate is far too high for them to have any other reaction - this is not corporate policy of any kind, this is either a store or district manager doing something stupid because they think no one will call them on it.

Call them on it.

+1

The last thing a company like this wants is a lawsuit and a public relations disaster.

[hover]

unless, of course, the scumbag manager tries to use the "early punch" as some sort of "unexcused leave" or "voluntary termination" if taken to task... so make sure she covers her ass...

[Gard]

As someone said, DOCUMENT EVERYTHING:

Get copies of all schedules (these should always be printed out for employees), get copies of time sheets with clock in and out times.

Very important.

If you can't get copies, give your daughter a cellphone with a camera, and have her photograph her documents. It may not hold up in court, but it may be enough to rattle the Taco Bell corp folks if you can show up with printed out photos of this type of information.

[Indiana Mike]

as the OP I agree with everything posted here . I wanted an uncolored opinion and I think I have gotten it. I not only disagree with what is going on but I know it's at a local level .

Some of the other things that have happened ...

One of the male managers would not stop touching my daughter . when she told him to stop he told her to clock out and go home , then cut her hours down to nothing for two weeks.

If anyone complains about working while clocked out they have their hours cut.

She burnt herself and the manager did not want to document it and told her she would be ok and to go see her family doctor if it got infected etc...

I made her go right back and demand it was documented . It was . The next week she worked 8 hours in a 7 day period.

There is a pattern at this store . I have always been driven to fight against these and other kinds of problems and have always taught my kids to do so as well.She is fired up and intends to put a stop to all the BS . I think it would be good for her to learn how to use the processes required to stop these sort of abuses, even if it means losing or changing her job . She was looking for a job when she found that one right?

[Bassman316]

Originally Posted by Gard

Yup, clock out, walk out. Discussion over.

If there are threats, document them. They can't fire someone over leaving when their shift is done and they have clocked out, no matter what is threatened, and if they do, all heck will break loose.

+1. There are laws against this very kind of BS that unfortunately happens too often.

[Bassman316]

Originally Posted by Indiana Mike

as the OP I agree with everything posted here . I wanted an uncolored opinion and I think I have gotten it. I not only disagree with what is going on but I know it's at a local level .

Some of the other things that have happened ...

One of the male managers would not stop touching my daughter . when she told him to stop he told her to clock out and go home , then cut her hours down to nothing for two weeks.

If anyone complains about working while clocked out they have their hours cut.

She burnt herself and the manager did not want to document it and told her she would be ok and to go see her family doctor if it got infected etc...

I made her go right back and demand it was documented . It was . The next week she worked 8 hours in a 7 day period.

There is a pattern at this store . I have always been driven to fight against these and other kinds of problems and have always taught my kids to do so as well.She is fired up and intends to put a stop to all the BS . I think it would be good for her to learn how to use the processes required to stop these sort of abuses, even if it means losing or changing her job . She was looking for a job when she found that one right?

Whoa. Now we have have unwelcomed touching, undocumented injuries on the job, and hours cut in retaliation? Being told to work off the clock is bad enough (not to mention illegal as hell), but this is plain crossing the line. I don't know, guys... I'd say it's lawyer time. It sounds like some major douchebaggery at the management level at this particular Taco Bell, and it's probably not just your daughter that is being mistreated like this. The management needs to be dealt with. It really gets me when I hear about workers being treated this way.

[fdeck]

Originally Posted by Indiana Mike

as the OP I agree with everything posted here . I wanted an uncolored opinion and I think I have gotten it. I not only disagree with what is going on but I know it's at a local level .

Some of the other things that have happened ...

One of the male managers would not stop touching my daughter . when she told him to stop he told her to clock out and go home , then cut her hours down to nothing for two weeks.

If anyone complains about working while clocked out they have their hours cut.

She burnt herself and the manager did not want to document it and told her she would be ok and to go see her family doctor if it got infected etc...

I made her go right back and demand it was documented . It was . The next week she worked 8 hours in a 7 day period.

There is a pattern at this store . I have always been driven to fight against these and other kinds of problems and have always taught my kids to do so as well.She is fired up and intends to put a stop to all the BS . I think it would be good for her to learn how to use the processes required to stop these sort of abuses, even if it means losing or changing her job . She was looking for a job when she found that one right?

The word for this is "sweatshop."