Announcement

Collapse
No announcement yet.

Is this illegal in Alabama?? Alabama

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Is this illegal in Alabama?? Alabama

    Hello all-

    I'm currently living in Birmingham, AL due to being displaced by hurricane katrina. I serve tables at a local bbq restaraunt, and have some questions.

    OK- So my work recently told me that we have a meeting THIS sunday night at NINE THIRTY PM!!! We are not going to be able to clock in for this meeting, and if we don't show up, we get fired.

    Now my Husband said that if they are not paying us, I don't have to show, and they can't fire me. But I'm not sure if this is true or not.

    This is the SECOND "mandatory" meeting they have held, without pay.

    My biggest complaint is at how late the meeting is. I get up at 5 every morning, to take my husband to work. When I told my GM that I'm typically in bed by this time, because I have to get up so early, he rolled his eyes, and laughed at me. Which just ticked me off even more. Either he thinks I'm lying, or he just doesn't give a crap(which is more than likely the case).

    So, is it legal for them to hold a meeting, at a time I'm not typically working, and not pay me for it?? This is the service industry, so I'm not sure if it's legal or not. But I wouldn't assume so. I mean, the managers don't care, because they are on salary. But if I'm not getting paid for it, why should I spend my whole monday exhausted?

    If you could give me any imput, that would be great. I've tried googleing it, but haven't come up with anything but this site. I wanted to call a laywer, but don't have any time to go speak with one between now and Friday, as I have to work. And there aren't any lawyers open on Saturdays around here.
    And of course, the meeting is Sunday evening. So info is kind of needed asap!

    I was under the understanding that it was for 930AM, so I didn't pursue this further at the time of finding out. But now that it's cutting into my sleeping time, I'm ticked!

    Any advice?? Thanks!

  • #2
    Well, if the meeting is mandatory, you must be paid for your time.

    Your husband is not exactly right about them not being able to fire you. They can. You can try to get unemployment on the basis that they weren't going to pay you, but you will still be unemployed.

    The timing may not be convenient for you, but that's the way things go. It is very difficult to schedule meetings for ALL employees that fits in with the personal lives of every one of them.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

    Comment


    • #3
      This will be the second unpaid meeting they are holding...

      So if I tell the labor board that they have us in there without clocking in, they won't get into trouble??

      I mean, what if one of us falls and get's hurt while in there?? They can't do workers comp. if we're not clocked in. So basically, if someone get's hurt, they get sued. Correct??

      I was told that the labor board does not want employees in there, off of the clock, for business meetings, just because of the chance of something like the above statement happening.

      Comment


      • #4
        Originally posted by Carlyn View Post
        So if I tell the labor board that they have us in there without clocking in, they won't get into trouble??
        Oh, they could get in trouble.

        It would be easier if they understood that they are violating the law. Print off the fact sheet linked below from the US Department of Labor.

        http://www.dol.gov/esa/regs/compliance/whd/whdfs22.htm

        Of particular importance is

        Lectures, Meetings and Training Programs: Attendance at lectures, meetings, training programs and similar activities need not be counted as working time only if four criteria are met, namely: it is outside normal hours, it is voluntary, not job related, and no other work is concurrently performed.

        Note that ALL FOUR criteria must be met. The mere fact that the meeting is mandatory means it fails, so you must be paid.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

        Comment


        • #5
          thank you...

          I printed out the information you provided, and I will bring it to their attention.

          Thanks again.

          Comment


          • #6
            Good luck.
            Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

            Comment


            • #7
              Thanks. I'm going to need it. They may fire me just for bringing this to their attention. They work like that.

              I was also curious to know if it is legal for them to make us pay for parking, since they don't provide us with parking. They took our parking lot and turned it into a "to go" spot, so now we have no where to park(it's a downtown location, if that helps any).

              Comment


              • #8
                Your parking problem is your problem, not theirs.

                If they do fire you after you bring to their attention the illegality of not paying for mandatory meetings, you should not hesitate to file a claim for unpaid wages with the Alabama Department of Labor and/or the US Department of Labor. Be sure to mention that you were not the only employee not paid for going to a meeting. Nothing like a wage and hour audit to make them regret not doing the right thing.
                Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                Comment


                • #9
                  Awesome! Thank you so much!

                  Comment

                  Working...
                  X