21 replies to this topic

[iargue]

Okay. So my friend just got a job working at TGIF's. She is currently in training, and so they are paying her only 5.26 an hour, and she doesnt get tips (Point 1). They also have her work a schedule, say 4-9:30, and then they make her stay after for several hours after her shift (Point 2). And then they dont give her breaks for dinner or anything, even though she works atleast 9 hours (Point 3).

So my question for you people is this.

Is point 1, point 2, and point all legal?

If not, which ones are illegal and why? And why are some of them not illegal?

Anyone know this stuff, or can find it online?

Btw, the work is in florida.

[chobitz]

Okay. So my friend just got a job working at TGIF's. She is currently in training, and so they are paying her only 5.26 an hour, and she doesnt get tips (Point 1). They also have her work a schedule, say 4-9:30, and then they make her stay after for several hours after her shift (Point 2). And then they dont give her breaks for dinner or anything, even though she works atleast 9 hours (Point 3).

So my question for you people is this.

Is point 1, point 2, and point all legal?

If not, which ones are illegal and why? And why are some of them not illegal?

Anyone know this stuff, or can find it online?

Btw, the work is in florida.

http://www.leg.state...0448/PART01.HTM

[iargue]

http://www.leg.state...0448/PART01.HTM

Already saw that...Didnt help :|

[chobitz]

sorry..thats all I found.

[MasterJunpei]

pretty sure its legal, I think there's a stipulation floating around about a training period or something like that, where you aren't an official employee or something along those lines, and during said training period they can do some weird stuff, a grocery store in my hometown would pay you like 4 bucks and hour for a month to make sure you were going to stick around

[iargue]

pretty sure its legal, I think there's a stipulation floating around about a training period or something like that, where you aren't an official employee or something along those lines, and during said training period they can do some weird stuff, a grocery store in my hometown would pay you like 4 bucks and hour for a month to make sure you were going to stick around

That doesnt mean that what they did was legal.

[MasterJunpei]

http://www.dol.gov/d...minimumwage.htm

check this out

[Salamanda]

pretty sure its legal, I think there's a stipulation floating around about a training period or something like that, where you aren't an official employee or something along those lines, and during said training period they can do some weird stuff, a grocery store in my hometown would pay you like 4 bucks and hour for a month to make sure you were going to stick around

This.
My friend works at Applebee's and his schedule was like that when he was in training. I'm pretty sure he didnt get tips at the time either. As soon as training was over, he got normal hours and for breaks, he didnt have any set ones, he had to ask but they as long as they werent busy, he got them.
He wasn't underage but was a college student.

Edited by Twink, 19 March 2010 - 07:35 PM.

[iargue]

http://www.dol.gov/dol/topic/wages/subminimumwage.htm

check this out

Thanks for that.

But what about hours? Arent they forced to tell you ahead of time what hours your going to work?

[MasterJunpei]

not as far as I know, they can do what they want if I remember correctly, will check into it

okay, I've read some things that deal with labor laws etc, browsed through answer sites etc. From everything I've read as long as they didn't not state in the contract which she signed, you WILL work 8-5 etc, they don't have to issue a work schedule or anything of the sort, its just considered professional courtesy that they do so.

[iargue]

not as far as I know, they can do what they want if I remember correctly, will check into it

okay, I've read some things that deal with labor laws etc, browsed through answer sites etc. From everything I've read as long as they didn't not state in the contract which she signed, you WILL work 8-5 etc, they don't have to issue a work schedule or anything of the sort, its just considered professional courtesy that they do so.

Thanks man. I'll +rep when I can

[MasterJunpei]

its actually kinda amusing just how bad it can get at work and still be legal. In the US anyways I am a prison guard, if we go on strike we can get jail time because it is deemed such an important position.

[iargue]

its actually kinda amusing just how bad it can get at work and still be legal. In the US anyways I am a prison guard, if we go on strike we can get jail time because it is deemed such an important position.

Lol. and here I thought the labor laws would protect us :|


Its obamas fault. Fuck him.

[jcrdude]

Okay. So my friend just got a job working at TGIF's. She is currently in training, and so they are paying her only 5.26 an hour, and she doesnt get tips (Point 1). They also have her work a schedule, say 4-9:30, and then they make her stay after for several hours after her shift (Point 2). And then they dont give her breaks for dinner or anything, even though she works atleast 9 hours (Point 3).

1:

This is illegal.

Effective May 2, 2005, employers shall pay employees a minimum wage at an hourly rate of $6.15 for all hours worked in Florida.

Essentially an employer can pay less than minimum wage for people that receive tips, but most places will keep track of tips so that they can prove that you made at least minimum wage including tips.

If she's not making tips, this is not allowed.

Ammended: According to that whole Youth minimum wage thing... sucks to be your friend. If a person aged 21+ did the same shitty training, they would need to be compensated in full.

2:

This is legal.

Ten hours of labor shall be a legal day's work, and when any person employed to perform manual labor of any kind by the day, week, month or year renders 10 hours of labor, he or she shall be considered to have performed a legal day's work, unless a written contract has been signed by the person so employed and the employer, requiring a less or greater number of hours of labor to be performed daily.

As long as she is not exceeding 10 hours of work in a day, this is allowed. Requiring someone to work past the end of their shift is generally frowned upon by employees, but if you don't give a shit what they think, you can do whatever you want up to 10 hours. Unless there is a contract (hope she read the fine print) stating she may work >10 hours, in that case, she's at their disposal.

3:

This MAY be legal.

I know that in Maryland it is provided that any person who works >6(?) hours is entitled to a 30 minute break in work. Most companies realize that we all need breaks and will usually build in a lunch and break system, but in some places they will literally schedule you for 5.5 hours so that they don't need to give you a lunch break, then will have you work past the end of your shift of your own volition.

I also worked in a steel mill for a while. The non-stop nature of such work gave them special privileges. They did not NEED to give you a lunch break on ANY length of shift. But they normally would, and you would get paid during whatever break you received.

Wait staff may fall under that stipulation, due to the non-stop nature of the work. Your customers are not going to stop needing things just because it is time for your 30-minute off-the-clock break.

[AliceFi]

working overtime w/o getting paid is legal, but making it do her every day 'for free'... i dont know if that's legal
there should be a minimum wage idd
and i think it's forbidden not to give a half hour break
can't she just find herself another job? >.< one where they are less mean poor her

[luvsmyncis]

Its obamas fault. Fuck him.

OIC.

[MasterJunpei]

you aren't actually required to get a break, i know that much

[Boggart]

wow that's insane . Canada's labour laws (yes, labour with a "u") is sooooo much more strict for the benefit of the common employee

[queen]

please correct me if i'm wrong. they are paying 5.26 an hour because she isn't an official worker right? and after that period how much they're going to pay ? 9 hours for 5.26 doesn't sound fair to me

[idlesiren]

In Ontario, the liquor employees cannot go on strike because the government considers their job an 'essential service' much like a prison guard or other important employee. But that's because liquor in Ontario generates a HUGE profit for the government.

I don't know much about US labour laws, but I know that if she isn't in a union (which TGIF employees aren't) that she is not entitled to breaks, but that it's nice if the employee does add them in to the schedule. I work 8 hour days, but only get paid for 7.5 of those hours as the one half hour is considered our lunch break.

My sister is a waitress, and I know that if she's asked to work overtime, she's paid for it, and was, regardless of whether it was for training or her actual job. She also got a set divided tip at the end of the night where all the employeeds (excluding the waitresses) pooled their tips and were divided equally. She works at East Side Marios

Also, apparently minimum wage laws in Florida are 7.25, so she should not be making less than that?

[AliceFi]

american laws seem so complicated, it makes my head spin >.<
luckily i dont live in america...

[Fatal]

OIC.

http://www.youtube.c...h?v=dTGcRmxBgh0