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Question for lawyers about forced leave. Login/Join 
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Wife just called me. Her company instructed everyone to stop working 1 hour before work ended and told them to decorate their office. They are making the employees charge personal leave for that hour. The employees won't leave due to fear of retribution.
Isn't this wrong?
 
Posts: 658 | Location: Crestview Florida | Registered: July 23, 2008Reply With QuoteReport This Post
thin skin can't win
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Lawyer or not, that's "wrong" from standpoint of a dick move indicative of somewhere nobody should want to work.



You only have integrity once. - imprezaguy02

 
Posts: 12402 | Location: Madison, MS | Registered: December 10, 2007Reply With QuoteReport This Post
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Picture of Perception
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If they're instructing me to be doing anything for an hour they better be paying me for that hour.




"The people hate the lizards and the lizards rule the people."
"Odd," said Arthur, "I thought you said it was a democracy."
"I did," said Ford, "it is."
"So," said Arthur, hoping he wasn't sounding ridiculously obtuse, "why don't the people get rid of the lizards?"
"It honestly doesn't occur to them. They've all got the vote, so they all pretty much assume that the government they've voted in more or less approximates the government they want."
"You mean they actually vote for the lizards."
"Oh yes," said Ford with a shrug, "of course."
"But," said Arthur, going for the big one again, "why?"
"Because if they didn't vote for a lizard, then the wrong lizard might get in."
 
Posts: 3514 | Location: Two blocks from the Center of the Universe | Registered: December 30, 2004Reply With QuoteReport This Post
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Decorate your office. Yeah if you teach Kindergarten. Taking personal leave to do it. That is beyond the pale. I would vigorously search for alternative employment. I would not bother with a barrister.
 
Posts: 17222 | Location: Stuck at home | Registered: January 02, 2015Reply With QuoteReport This Post
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After doing some brave searching, there was a case where a company wouldn’t let people clock in until after their computer finished booting. The court sided with the employees and awarded them back pay with additional penalties.
So for my wife, one hour, while wrong, doesn’t compare with that case. I suppose she could take extra toilet breaks or something.
Thanks for letting me vent.
 
Posts: 658 | Location: Crestview Florida | Registered: July 23, 2008Reply With QuoteReport This Post
Nullus Anxietas
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I'd tell 'em to fuck straight off.



"America is at that awkward stage. It's too late to work within the system,,,, but too early to shoot the bastards." -- Claire Wolfe
"If we let things terrify us, life will not be worth living." -- Seneca the Younger, Roman Stoic philosopher
 
Posts: 26009 | Location: S.E. Michigan | Registered: January 06, 2008Reply With QuoteReport This Post
אַרְיֵה
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הרחפת שלי מלאה בצלופחים
 
Posts: 30647 | Location: Central Florida, Orlando area | Registered: January 03, 2010Reply With QuoteReport This Post
paradox in a box
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I certainly wouldn’t put in for time off. If there’s a time clock I’d not clock out. I’m no lawyer but no way it’s legal.




These go to eleven.
 
Posts: 12423 | Location: Westminster, MA | Registered: November 14, 2006Reply With QuoteReport This Post
probably a good thing
I don't have a cut
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quote:
Originally posted by xd45man:
Wife just called me. Her company instructed everyone to stop working 1 hour before work ended and told them to decorate their office. They are making the employees charge personal leave for that hour. The employees won't leave due to fear of retribution.
Isn't this wrong?


If they can't afford to pay everyone for that one hour I would suspect financial difficulty for them in the future. Make sure your wife's resume is up to date.
 
Posts: 3375 | Location: Tampa, FL | Registered: February 09, 2002Reply With QuoteReport This Post
His Royal Hiney
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Forced leave is one thing - that's when they force you to not go to work and use your accrued leave. Making you stay to decorate is forced labor. TF?

Oh, wait. I know. It's to boost morale among the employees.



"It did not really matter what we expected from life, but rather what life expected from us. We needed to stop asking about the meaning of life, and instead to think of ourselves as those who were being questioned by life – daily and hourly. Our answer must consist not in talk and meditation, but in right action and in right conduct. Life ultimately means taking the responsibility to find the right answer to its problems and to fulfill the tasks which it constantly sets for each individual." Viktor Frankl, Man's Search for Meaning, 1946.
 
Posts: 19646 | Location: The Free State of Arizona - Ditat Deus | Registered: March 24, 2011Reply With QuoteReport This Post
They're after my Lucky Charms!
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quote:
Originally posted by Paten:
quote:
Originally posted by xd45man:
Wife just called me. Her company instructed everyone to stop working 1 hour before work ended and told them to decorate their office. They are making the employees charge personal leave for that hour. The employees won't leave due to fear of retribution.
Isn't this wrong?


If they can't afford to pay everyone for that one hour I would suspect financial difficulty for them in the future. Make sure your wife's resume is up to date.


Sounds very odd.


Lord, your ocean is so very large and my divos are so very f****d-up
Dirt Sailors Unite!
 
Posts: 25075 | Location: NoVa | Registered: May 06, 2003Reply With QuoteReport This Post
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How much will the employer save after paying the legal expenses, fines, penalties, and court costs of a lawsuit brought by the feds under fair labor standards laws? The employees won't even have to hire a lawyer to represent them; there is a federal agency ready to jump on that wagon.

Icing on the cake would be an employer served with a federal court order, then threatening employees with reprisals or termination.

Of course, if the company is upside down financially to begin with (hence ordering employees to eat an hour per day of unpaid time) there will be little hope of enforcing the financial penalties.

Still, no harm is saving all those memos, directives, and emails from the bosses running that shitshow.


Retired holster maker.
Retired police chief.
Formerly Sergeant, US Army Airborne Infantry, Pathfinders
 
Posts: 1097 | Location: Colorado | Registered: March 07, 2009Reply With QuoteReport This Post
The Joy Maker
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quote:
Originally posted by Perception:
If they're instructing me to be doing anything for an hour they better be paying me for that hour.


Word. If I'm at work, doing work things, even something silly like decorating, you better be paying me. I got other things I could be doing, like going home an hour early.



quote:
Originally posted by Will938:
If you don't become a screen writer for comedy movies, then you're an asshole.
 
Posts: 17003 | Location: Washington State | Registered: April 04, 2003Reply With QuoteReport This Post
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Picture of Blume9mm
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I'm having a hard time wrapping my head around the idea that there is a company of any size (multiple employees with offices) that would even think this is some kind of good cost saving idea that would pass labor law 101.


My Native American Name:
"Runs with Scissors"
 
Posts: 4441 | Location: Greenville, SC | Registered: January 30, 2017Reply With QuoteReport This Post
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All kinds or wrong. Save the memo. Start keeping a journal. Figure out if this is a one off bad decision she’s willing to let slide or a pattern of labor theft. Start making an exit plan.

I’ve decorated the office on the clock. My leave time is my time. If I’m working I’m getting paid.
 
Posts: 4277 | Location: Peoples Republic of Berkeley | Registered: June 12, 2008Reply With QuoteReport This Post
Striker in waiting
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State wage & hour laws differ, of course, but I can tell you that in Maryland, legally, that would either be paid time or optional attendance. FLSA exempt employees exempt, of course.

I can't imagine FL is so much different that employees can be forced to burn leave during a mandatory office decoration hour.

As for the cost vs. benefit of pursuing it, I'd probably offer to write a nasty-gram for a reasonable fee, which, if everyone chipped in, might be reasonably doable if successful, and put employer on notice that they can't do that shit in the future.

DEFINITELY agree with the advice to document, document, document. A list of wrongs can go a long way down the road should any employment-threatening shenanigans occur.

-Rob




I predict that there will be many suggestions and statements about the law made here, and some of them will be spectacularly wrong. - jhe888

A=A
 
Posts: 16268 | Location: Maryland, AA Co. | Registered: March 16, 2006Reply With QuoteReport This Post
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^^^ Thank you. I will bring it up with the wife. One question: Would the nasty-gram be anonymous or does the right to face your accuser come into it?
 
Posts: 658 | Location: Crestview Florida | Registered: July 23, 2008Reply With QuoteReport This Post
Get my pies
outta the oven!

Picture of PASig
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"No" is a perfectly good response here.

Why are they suddenly trying to save money here? That's a pretty big red flag


 
Posts: 33769 | Location: Pennsylvania | Registered: November 12, 2007Reply With QuoteReport This Post
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^^^^^^^^^^
I am curious. What kind of business is she in where decorating your office is required? I am have been self employed for so long I am not familiar with that stuff. This the new Woke stuff??
 
Posts: 17222 | Location: Stuck at home | Registered: January 02, 2015Reply With QuoteReport This Post
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^^ I would rather not say what kind of business. I can say white collar. As for hurting for money. I would say more like Scrooge McDuck.
 
Posts: 658 | Location: Crestview Florida | Registered: July 23, 2008Reply With QuoteReport This Post
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