My step-nephew gets paid $10/hour to drive a delivery van around. His employer wants him to do “route preparations” every day before he punches in. Each prep takes about an hour… a job which used to be done by a full-time employee who was laid off.
IANAL, and I don’t know where your step-nephew lives. It’s my understanding that an hourly employee like him is to be paid for every hour that he works, and “route preparations” IS work (he should ask himself - would I be doing “route preparations” if I didn’t have this route to do?).
Sounds like the employer is trying to help himself to your step-nephew’s time and labor for free.
Back around 1981, I worked at McD’s. If we had to close the store, they’d push us to finish as quickly as possible. Sometimes they’d say, “OK, I’m clocking you out!” even if we had 10-15 minutes work still to do.
I’ve heard this BS goes on in other places at well, either making you start early or finish late, off the clock. IANAL but it sure seems illegal to me.
I’d weigh it. If he gets paid 4 hours @$10 per, then he’s working 5 hours for $40. If it’s worth $8/hour, I might keep the job but not without some grousing. I might mutter, “I don’t even think this is legal” under my breath.
I know for a fact that this is illegal in Washington State.
I received a $10,000 settlement to a class action lawsuit many years ago.
Our employer would make us wait 10 to 15 minutes after the shift was over to have our time cards signed. Over several years it adds up, and is considered overtime depending on the situation.
I would call the local Labor Relations Board or Attorney General if this continues.
Good Luck
One hospital I worked did the same sort of thing. Two years after I quit, I received a settlement check for $5000 from the class action lawsuit they lost.
The problem is, someone has to initiate the suit and your nephew’s $10/hr probably wouldn’t attract a lawyer.
Employers try this and that’s why their is somebody to report it to, that will disabuse them of the notion it’s legal to do it.
There are some exemptions to the Fair Labor Standards act for things like some agriculture, some seasonal work, some other industries, and extremely small businesses. Most likely none of these exemptions apply, but I don’t think there is enough information in the thread to say for 100% sure that it’s illegal. I agree that it probably is, but know the facts before making accusations. Still, wishing your nephew the best in getting the situation resolved.
In a 2005 case, SCOTUS ruled that workers must be paid for time spent donning protective gear and walking to their workstations. While not identical, this situation certainly sounds analogous. IANAL etc.
Slavery is illegal. IMO, your nephew should make it clear to his employer that he understands this, that he is prepared to report the employer to the relevant authorities (state Department of Labor?) and pursue civil action, and that he is thus a protected whistleblower under federal law (I would research the specifics of this first). And then he needs to follow up on it if changes don’t start happening fast.
Not to rag on anyone in particular in this thread, because I certainly understand the “live and let live” viewpoint, but if he doesn’t do anything about this, more people are going to get victimized by it. This laissez-faire attitude is what allows employers to take advantage of young, poor people, and IMO it’s a crime which needs to be punished much more harshly.
Someone posted something similar…they worked at a Dunkin’ Donuts, store closed, everybody clocked out…then they started cleaning.
I wonder if this is managers taking advantage of younger workers, who may be too timid to speak up. I know last year, when I worked a second job at Panera for about two months, if the manager had tried that crap (they didn’t) I would have laughed in their face. I know I had more in common with the managers than the teenie-bopper co-workers (one girl felt fit to regale me, in front of a customer, her adventures over the weekend of underaged drinking and driving.)
Tell your step-nephew to speak up, but be prepared to find another job. Unfortunately, at his level, it’s easy to find another timid teenager who won’t make a peep.
Thanks for the support, guys. I just feel sorry for the kid. He’s been saving up for a penis-reduction surgery (which Blue Cross won’t cover) and he’s trying to KEEP his job. Just one of those things. Thanks again, though. I’ll pass this along to him and hopefully things will work out. No need to respond to this thread any more. Peace.
:dubious:
Sorry, I just popped in here to say that I’ve been reading the capital “i” in your username as an L.
Heheh. Me too.
Your step-nephew tells you all about his penis? Why would somebody get penis reduction surgery? Does he keep stepping on it or something? Is this an urgent medical procedure?
Me three. If I were you I’d either change the spacing between the words or the username itself, or get used to the whole board thinking of you as “DOLT DAN.”
Also, how big is the guy’s prick that he needs to have it reduced?
I get the impression that something is getting yanked here, and it’s not anybody’s oversized penis. :dubious: indeed.
Og Bless free posting;)
Well, I was wondering where all that white stuff on my monitor came from.