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View Full Version : Texas questions-exploitation, ethics


potaters
08-16-2005, 02:07 PM
The General manager at the place where I work (I won't give a specific name, but it's a restaurant) has severe ethical problems. From what i've experienced (still employed, but probably not for long) I think there are possibly some laws being broken. I'm seeking a little guidance and info with the following.

The company policy says knives are not to be used by anybody under the age of 18. I am 16 and the GM not only accepted, but encouraged me to cover for somebody (this caused me to work from about 9:30AM-11PM in one day, a sunday.) I wasn't necessary that day, seeing how she had 2 cashiers who could've done the direct work, and she could've used the knives. instead, she had me use the knives, thusn violating company policy and I think part of the federal child labor laws (knives used to cut food up). The main employee who had this job quit, so the GM "promoted" the 16 year old hispanic dishwasher. I think she did this so she doesn't have to hire a new, old enough, employee to handle the knives.

The first aid kit in the office contains an old bottle of hydrogen peroxide and a thing of band-aids

There is no CPR poster (at all, but more importantly in view of the public).

Cashiers have been quitting steadioly for the last couple weeks, and the GM has hired 1 new cashier (the new cashier is so slow, and customers have been complaining about slow, lousy service) at the moment, I believe there are about 4 cashiers, for a store open 12 hours a day and all 7 days of the week. All, except for possibly the new cashier, cashiers are under 18 and are full-time high School students.

The store did catering for a car dealership across the street, the GM forgot some food in the order, so she drove back and got it ready. Instead of drive it back across the 40 MPH, 4 lane undivided road, she asked me to run it across. The traffic at the time was very heavy.

The GM in general has a very condescending tone and attitude, and lacks manners (no please or thank you for all the crap I endure)

The last 2 weeks I worked a 42 hour week (I'm a part-time employee) followed by a 36 hour week. The 36 hour week included 2 (saturday and the previously mentioned sunday) back to back double-shifts.

The GM has been looking to transfer, and it exploiting her powers at this store to help her look good.

I'm very stressed out lately because of all this, and am looking for any guidance or comments you have. Please advise me.
Thanks

potaters
08-17-2005, 11:08 AM
A few new things have popped up.

There are a lot of flies in the back of the store (where the food is made)

Also, When I worked my 42 hour week, I was supposed to receive overtime. However, the GM changed my hours in the computer so on my paycheck it looked as if I had been payed for work done on another week for the overtime hours. Those hours were paid at my normal wage, I believe OT is supposed to receive further compensation (time and a half?). I believe it is illegal for her to do this without informing me.

Please comment and give me some help, I'm terribly confused.

Texas709
08-18-2005, 07:51 AM
You've got a lot of stuff here, and hardly any of it is related to employment law, or Child Labor law. Most of your dissatisfaction seems to be with the conditions of your employment, and those are, for the most part, at the discretion of the employer, unless they become discriminatory.

There are no hour restrictions on the employment of 16 year olds in Texas or in the federal law. If you work over 40 hours in a work week, you may be entitled to overtime pay under the Fair Labor Standards Act, but that is a matter for a wage claim, filed with the Texas Workforce Commission. See: http://www.texasworkforce.org/ui/lablaw/lablaw.html.

There is no definition of a "part time" employee in the law. It's a distinction made by an employer.

In Texas, it is not a violation of the child labor law for a 16 year old to use a knife in food preparation. If company policy prohibits this, it should be dealt with within the company.

Concern over the preparation of food is generally handled by the county health department, which has inspectors ready to investigate unhealthy food prep.

There is no legal requirement to be friendly, courteous, or mannerly. If there were, we'd have worse prison overcrowding in the Lone Star State than we already have. Sadly, it is also not required to manage effectively or well, as it is not required to do a conscientious job as an employee.

If your job stresses you to the point that you have trouble dealing with it, you should find another one. Life is too short to be unhappy because of others, and too short for cheap beer.

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