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| 26 OCT 2007 at 12:10pm |
LongBladeGeneral
Posts : 20586
Joined: 2 MAY 2003
Status : Offline | I'm not a lawyer but my wife works in HR for a big company so I get some knowledge about this by simple osmosis.
Labor laws vary from state to state, and some policies default to what the individuals company's policy is. However, most of your examples do not sound right, especially:
5) Nobody gets breaks, even if they are working eight or nine hours.
There are state labor boards where you can take situations like this. Let me run some traps and I'll see if I can get you any more info.
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| 26 OCT 2007 at 12:20pm |
GusingtonGeneral
Posts : 18089
Joined: 16 AUG 2004
Location: US, USMA
Status : Offline | I am no expert by any means. But the scenarios you describe up above, besides sounding just fishy, sound like a regime run by a Grade-A a**hole. Congrats on getting out of that hellish pit of nightmares, Flitcraft.
I'm glad my character uses a shield because I may be taking a bashing here soon.
- Rayfer
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| 26 OCT 2007 at 12:52pm |
FlitcraftCenturion
Posts : 731
Joined: 6 DEC 2005
Status : Online | Thanks, Gusington and LongBlade. Strangely, it doesn't look like Wisconsin labor law requires that adult employees be given breaks.
The damnable part is that every time I collected my paycheck with these deductions, I've been told to sign a piece of paper giving consent to the deduction. Now that I research it, I shouldn't have signed those things.
This is the statute relating to wage deductions. Looks like my boss covered himself pretty well.
http://www.dwd.state.wi.us/dwd/publications/erd/pdf/ls_45_p.pdf
Not so I sure I want to put in my two weeks, though...
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| 26 OCT 2007 at 1:17pm |
TotenKrolCenturion
Posts : 92
Joined: 24 MAR 2006
Status : Online |
ORIGINAL: Flitcraft
5) Nobody gets breaks, even if they are working eight or nine hours.
One important thing about that is employers can get around that a number of ways. That typically applies only to full-time employees, and in today's day and age employers just love giving their people 39 hours so they're not legally a full time employee. Likewise, 1099s are big for that same reason. For the employer 1099ers are a win-win situation. They get their wage slave, they can work them as many hours as they want, but don't have to provide benefits or even breaks.
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| 26 OCT 2007 at 2:05pm |
GusingtonGeneral
Posts : 18089
Joined: 16 AUG 2004
Location: US, USMA
Status : Offline | I worked exactly that type of wage slave job for 3 long years...it totally sucked. No insurance, no paid time off, really no rights at all.
Flitcraft, I am hoping your new job is not a wage slave type of position.
And personally I would tell your old employer to 'shove it' and walk right out the door. Forget the two weeks.
I'm glad my character uses a shield because I may be taking a bashing here soon.
- Rayfer
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| 26 OCT 2007 at 2:40pm |
FlitcraftCenturion
Posts : 731
Joined: 6 DEC 2005
Status : Online | It's really frustrating how few rights a worker has. About the only one left is to quit and reenter the job market, which is a pretty scary option when you're working paycheck to paycheck. That's why I asked if everything he was doing was legal: I've made a lot of friends on that staff, but unlike me they tend to be single parents with no college degree. Their horizons are pretty limited, and fear keeps them kind of paralyzed at this place.
Gusington, I just got back from giving my employer six days' notice. That will give me time to visit my family before I start my new job, which as I said is a copy editing job at much higher pay, with full health benefits and a really good 401(k). If it lives up to its promise, I think it will be a much, much better place. I could have told my employer to shove it but two things stopped me: one, the other clerks would have had to work about thirty or forty extra hours between them to cover my absence. Two, my boss is vindictive and I don't know what rabbits he'd pull out of a hat to make my life hell. Accuse me of theft? Find some violations for which he could deduct a lot from my final paycheck? I've heard stories of him pulling stuff like this with people who quit.
Still, if I don't like how these next few days go... I'll take my chances.
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| 26 OCT 2007 at 3:16pm |
GusingtonGeneral
Posts : 18089
Joined: 16 AUG 2004
Location: US, USMA
Status : Offline | Jeez, you're soon to be former boss sounds like Mr. Burns without the charm.
I'm glad my character uses a shield because I may be taking a bashing here soon.
- Rayfer
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| 27 OCT 2007 at 2:28pm |
Dan VerssenCenturion
Posts : 465
Joined: 9 FEB 2005
Location: US
Status : Offline | I re-posted your post on a retailer industry forum I visit. Here are their replies...
>>
I believe all are obviously no-no's. The Wisconsin Dept. of Labor website has a number that can be called to ask such questions, and also has a website that answers some of them pretty clearly to me.
1) I was written up for "insubordination" and $10 deducted from my pay for wearing a wrinkled shirt to work.
[link=http://www.dwd.state.wi.us/er/labor_standards_bureau/publication_erd_8784_pweb.htm][color=#000099]http://www.dwd.state.wi.us/er/labor_standards_bureau/publication_erd_8784_pweb.htm[/color][/link]
2) I accepted a bad check and was charged the full amount of the check ($36) plus a $10 penalty.
3) My register was $30 short one day, even though I had left a note explaining that I had done a dummy transaction in order to give a customer a receipt that they had forgotten to take when they purchased their goods earlier in the day. No actual money was missing. I was charged $30 plus a $10 penalty.
4) Another clerk was charged $50 for accepting a stolen credit card, despite the fact that the credit card machine approved the transaction and we only learned that it was stolen afterwards.
All three are probably covered here:
[link=http://www.dwd.state.wi.us/dwd/publications/erd/pdf/ls_45_p.pdf][color=#000099]http://www.dwd.state.wi.us/dwd/publications/erd/pdf/ls_45_p.pdf[/color][/link]
5) Nobody gets breaks, even if they are working eight or nine hours.
[link=http://www.dwd.state.wi.us/er/labor_standards_bureau/breaks_and_meals.htm][color=#000099]http://www.dwd.state.wi.us/er/labor_standards_bureau/breaks_and_meals.htm[/color][/link]
<<
Hope this helps,
-Dan Verssen
[link=http://www.dvg.com]www.dvg.com[/link]
Designer of Hornet Leader PC
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| 27 OCT 2007 at 2:54pm |
ColbytheDogCenturion
Posts : 58
Joined: 12 AUG 2004
Status : Online | I'd be suprised if these actions were legal anywhere in the US. I am sure there is a Wisconsin version of legal aid and given your $7.50/hr, I'm pretty sure you'd qualify. I would also be prepared for retalitory firing but it doesn't sound like your employer is worth working for anyway.
I'd also look up the Wisconsin Department of Labor to see what they have to say about it.
Looks like Dan Verssen already did.
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| 27 OCT 2007 at 3:26pm |
Jim_LineofDepartureCommander
Posts : 1451
Joined: 5 OCT 2006
Status : Online | I worked in HR for a while, and now I sell supplementary insurance (I work for a duck). In both capacities I've dealt with contracts consistently, though I must give the caveat I'm not an attorney.
A lot of what he did was borderline illegal if not right over the line. I doubt that signing the consent form about the deductions would defend him, as you did it under duress: Sign this or don't get paid. I concur with the opinions above, that you should consult the state department of labor.
Jim Werbaneth
[link=http://www.jimwerbaneth.com/lod]OnLine of Departure[/link]
[link=http://www.jimwerbaneth.com/wargames]Wargames by Jim Werbaneth[/link]
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| 27 OCT 2007 at 4:15pm |
LongBladeGeneral
Posts : 20586
Joined: 2 MAY 2003
Status : Offline | Hi Flitcraft.
My wife returned from several days of travel and I had a chance to run this by her. She indicated that #3 *could* be *percieved* as stealing, despite your obvious good intent. It's probably not a good idea to make this a practice.
#5: it's possible that an employer may require an employee not to leave the premises, however, all employees should be given breaks - if all that means is going to the back room for 15 minutes.
Although she doesn't know Wisconsin law specifically, and while labor laws do vary from state to state, there are a number of common basics that suggest to her that your employer is out of line.
She concurs - call your state department of labor. There are typically laws on the books that prohibit retaliation, too, so as you're inquiring about these possible violations, ask about how you're protected (if you choose to stay there).
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| 27 OCT 2007 at 4:18pm |
Checkmate King 2Centurion
Posts : 453
Joined: 27 OCT 2005
Status : Offline | Flitcraft,
Any chance of getting all of your co-workers together, and going in to see the boss & tell him you are all fed up & demand some changes or else you are all quitting!!!!
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| 27 OCT 2007 at 7:02pm |
Arctic BlastCommander
Posts : 2503
Joined: 9 APR 2007
Location: CA, Alberta
Status : Offline | I think it's incredibly admirable you're giving this twit any notice at all. I say, if he does anything during that time, walk...but not before making it very, very clear that if he does ANYTHING regarding your final pay, or anything else, you will be immediately calling the labor department and nailing his ass to the wall.
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| 3 NOV 2007 at 7:00pm |
BoggitColonel
Posts : 3525
Joined: 18 JUL 2003
Status : Offline |
ORIGINAL: Gusington
I worked exactly that type of wage slave job for 3 long years...it totally sucked. No insurance, no paid time off, really no rights at all.
That's no way to talk about your time at "the Wargamer"....[][]
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| 3 NOV 2007 at 7:05pm |
BoggitColonel
Posts : 3525
Joined: 18 JUL 2003
Status : Offline | I agree with Dan, Colby and Jim (although their specifics are much better than any suggestion I have). In the UK there is a raft of employment legislation that you could apply to your facts as the basis of an employment action.
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