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View Full Version : Very concerned about Overtime and Salary in regard to safety


Concernedgirl
05-22-2005, 11:04 AM
This is not my personal experience, however, it is the life that someone that I care about deeply, lives.
He is a Convience Store Manager in Pennsylvania. He is currently a slaried manager making over 455/wk but less than 490/wk. This is based on a 48 hour work week.
Currently he is working without an assistant manager which means 7 days a week at LEAST 10 hours a day.. all recorded on live imaging done at teh store (My only proof as they don't have him punch in and out as a non-salaried employee would do). He has been working this way for about 3 months on and off (with the resignation of the last asst mgr being in Mid April). His Market Manager was supposed to come several times to promote an employee to assistant, but has failed to do so. He is driving 30+ minutes without sleep and working at least (like I stated before) 70+ hours a week. It seems to me that he should be recieving some sort of compensation for the extra shifts etc.. that he HAS to pick up (Non-management time) due to sick calls, no shows etc... he has no power to hire and fire or promote without the appropriate paperwork filled out and signed by the market manager... who has interviewed and approved this employee but has not filed the proper paperwork (promotion to assistant manager.) With all the time he is putting in and not getting compensated, and the safety aspect of no sleep, have to cover, and no day off for weeks on end, I am getting concerned about his health and well being. Is there anything he can do? I am writing this as he is trying to get sleep now after working a 13 hour shift starting at 1 am this am (sick call). Also... if he injures himself while driving, is the company that he works for liable?


Thanks! :confused:

elklaw
05-22-2005, 01:21 PM
You may want to check out the PA Dept of Labor website and call them to make a report, perhaps anonymously. As a salareid employee, comp time is to be given, not necessarily overtime. But it sounds like abuse is occurring that should stop for health and safety reasons and there should be some kind of backpay for excessive hours worked.

Concernedgirl
05-22-2005, 05:17 PM
They would not be able to fire him if I file an anonymous report, would they? This is not a huge chain here in Pennsylvania, and it may not be that hard to figure out who did it.. which store it was as the other managers have assistants to help out. I do have a nurse paralegal degree and understand work man's comp, but I do not understand comp time... what exactly is that?
Is there any case law out there that he can use to try and settle this with the company itself? I think this company thinks that everyone that works for them is ignorant and that this may be able to be settled between them and him without utilizing the labor board.. although I do recognize the responsibility of reporting it for people who work there that would not think to complain. Any thoughts?

Thanks in advance and thanks for the response.

elklaw
05-22-2005, 05:52 PM
I said what I did because if he tried to settle this himself, he may find himself terminated for alleged insubordination. There is such a thing as at-will employment, so there does not have to be a reason to terminate him. But I think you should call the state department of labor to discuss the matter. They may have some ideas about how to approach this. So what if they figure out it is you. It is not your husband who did it, and tofire him under those circumstances would be illegal- whistleblower type of thing. So you need to decide what you want to do.

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