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  • OMG what do i do...

    Ok here's the story...I work for a franchise restaraunt which happens to be owned by a politician. Now what she has my servers doing is she is having them upon being hired sign a statement agreeing to only being paid for 24 hours a week when in actuality they are working atleast 30. And on top of that she just changed her paid vacation policy to we now have none!! For those of us who were hired when the old policy was in effect shouldn't we still be entitled to our one weeks paid vacation? And is it legal for her to have the employees sign that kind of contract?

  • #2
    I am going to leave the vacation question to someone else. Your state is not my state and I do not know AZ vacation law.

    Contract related answers always require having a local attorney read the contract. Contract law is very different then labor law. Contract law is always very specific to the exact wording of the contract (which we have not read) and to the exact contract law of the states involved. Contract law is always between parties. Labor law in contrast in something imposed by the government on parties.

    The interesting part is unpaid hours, which is flat out illegal if I understand what you are saying. No contract can ever make that legal, so the contract is at best a "who cares" and at worst a "boy is this a very dumb employer to confess to breaking the law in writing".

    Just to be clear. You are an employee, right? Taxes withheld from your checks, and a W2 at year end? If so, you are subject to labor law. It would be very unlikely for a franchised restaurant to not be subject to federal labor law (FLSA). Servers are non-exempt employees, subject to minimum wage (although with a tip credit) and subject to overtime. NOTHING can make federal law on this go away. AZ laws may or may not be more favorable then federal law in this area, but cannot be less favorable.

    Could there be some very detail specific exception? Sure, if the employer is paying over minimum wage for actual hours worked they could argue that what you are calling "24 hours" is really just a flat sum or salary. This still cannot make MW or OT rules go away, but as long as MW/OT rules are being followed, flat rate or piece work or whatever you want to call it can be legal if done correctly. You want to see if any employees is paid less then MW (including tips) against actual hours worked. If so, game over, as far as the employer is concerned. All the contracts in the world will not change that.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Vacation in Arizona is not unconditionally vested, i.e., there is no wage and hour law that would prohibit her from zeroing out accrued vacation.

      And I don't usually say this, but I wonder if the new media might be interested in knowing a local politician is trying to violate the FLSA.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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