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Hourly employee in charge of scheduling? Oregon

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  • Hourly employee in charge of scheduling? Oregon

    I am curious if it is legal in the state of Oregon for an hourly employee to be in charge of scheduling other hourly employees in the same job code?

    I was recently hired as a server @ an Oregon restaurant and I was surprised to find out that instead of our Managers creating the schedules, the job is delegated to the "certified trainers" in those departments (i.e. server, bar, expo, bussers, cooks, etc).
    I do not understand how this can be fair to all employees, since our schedule is suppose to be based on performance.
    What is preventing these employees from giving themselves the best shifts?
    For example, for the past 3 weeks, I (along with the majority of the service staff) was only scheduled 2-3 shifts (total of 6-11 hours!) per week, however the trainer who is in charge of delegating the schedule, is scheduled for 5-6 shifts per week that total close to 35-40 hours...
    Does this seem unfair to anyone else?

  • #2
    Maybe, but "fair" and "legal" are not the same thing. What you describe is legal.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      If that's the way your employer wants the scheduling done, it is not illegal to do so. (unless you would have a binding employment contract to the contrary)

      Even if it happens to be unfair, unfair does not equal illegal.

      Sorry.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        There are no laws in any state that dictate to the employer which employee can be in charge of what responsibilities. That is entirely for the employer to decide. The law does dictate who can and cannot be considered an exempt employee BASED on their job duties, but there are no laws saying that only an employee who is in (fill in the position, pay grade, pay type, exempt status here) can do (fill in job responsibility). The sole exceptions to that would be when a license or certificate is required to perform the duty (think airline pilots and brain surgeons) or if a legally binding and enforceable contract or cba defines job duties specifically.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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