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UNpaid mandatory meetings/time adjust.. Texas

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  • UNpaid mandatory meetings/time adjust.. Texas

    hello all, i am new here.
    ok so i work at (pizza chain) as a driver for a little while now. im goin to make this sorta short if possible. our store had got a new gm back in november, a crooked az one though, in my eyes! the previous manager would always pay us for our meetings, no matter how long or short they were. this new gm refuses to pay each and every employee, that i know of. it's not like he's even pays us, its the owners who dish out the money!

    so, for another topic, i always felt he was crooked each and every way possible. so at nights in the past as we were closing down the store, he would 'clock' us out to do 'paperwork' and supposively adjust our times, HA. this would take place about an hour - hour and half before finishing our work...give or take some time..each and every time he was the closing manager, up until recently when the opening driver called the owners about this situation. so if i was right for thinking he never adjusts our time or clocks us out earlier than we should be clocked out for..thats bs! he doesn't now because she called on him, but i still can never trust this fool! is there anything i can do about this or am i just 'screwed'? i would like to get him fired asap and 'we all are counting down the days' til this happens, which seems to be not far along. he is just crooked! and it pisses me off. i know it's just (a pizza chain) not some big company like some of you might work for but it pays my bills in the meantime! the owners already called him a 'thief' for one incident, and he likes to sale 'canceled/mess up' orders and pocket the money. ok this is enough of my rambling.
    Last edited by heneedstogetfired; 03-28-2009, 02:15 PM. Reason: one more thing, he will terminate if you do not show up to the meeting, or at least says that.

  • #2
    Mandatory meetings are work time. However, do you make the sub-minimum wage for directly tipped employees? There is a reason I'm asking.

    All hours that you are doing paperwork, cleaning, etc. are work time. But the same question applies.

    What is your compensation structure? XXX amount per trip plus tips? What is that amount? Do you pay your own auto expenses totally? How much of your workweek is spent in actual delivery vs. other duties?


    This is not as simple as it sounds.
    Last edited by Pattymd; 03-28-2009, 03:45 PM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      this is me again, just had difficulties with my other login or forgot pw, something.. but anyways.

      we or at least i make min. wage + tips daily.. we get $x.xx per delivery(run) plus our tips that we just started keeping count, or at least i started not to long ago, since others claimed 'he' was 'short' or 'jack' them some of their tips and or run money at the end of the night when they are counted out. right now with our gas price the way it is.. it's only 1.40 per run. hell he even tries to take .40 away if we dont 'wear a sign on our vehicles or get the correct information on credit card slips or checks' - DOB/DL#.
      majority of our work duty is delivering, unless it's slow and we help inside some, or before our shifts over with we might complete our 'chore' or clean the store at night when closing down.



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      • #4
        one more thing, could he the manager, fire me or reduce my hours even more than he already has, if i contact the DOL or the owners, for trying to get him outta there?

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        • #5
          See this fact sheet. If you are not averaging at least minimum wage (inclusive of tips) for all hours worked, file a claim with the Texas Workforce Commission. You also might want to discuss with them that you are making minimum wage and required to pay your own auto expenses. They may find that to be a minimum wage violation, since you are not getting your pay "free and clear", as the FLSA requires.

          http://www.dol.gov/esa/whd/regs/compliance/whdfs15.pdf
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            i get more than min. wage when i avg my tips and check in each night..well over min wage. i make more than min wage with just tips each night..but it's the point he doesn't pay us for our mandatory meetings during non work hours, and other things ijust can't stand with the guy.

            so what do i do?

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            • #7
              As long as the meeting hours and side work are part of your calculation, there is no violation of law, so you can't do anything. The only thing that COULD be a violation is if you are being paid less than minimum wage in cash wages and your meetings and side work regularly exceed more than 20% of your time. That is on the fact sheet I provided earlier, specifically "dual jobs".

              The TWC can't do anything to "get him out of there". Contacting the owners to try to get him fired very well may get YOU fired, and legally.

              So far, with the exception noted above, there is no wage and hour law being violated.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                yea well we got into it earlier at work and sent me home cus i mentioned dol lol and i told him hell yea i was gonna call just to piss him off but it back fired and we argued back n forth and he claims he pays us for the meetings and never denied us to clock in which is a lie cus i had asked him the very first meeting. after all the arguing we had more normal low toned conversation...maybe i'm a bad employee..

                well thanks for all, guess no need to try and get him out of there, it will happen on its own after time, im pretty sure!

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                • #9
                  I'd bet you'll get fired before he will.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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