Several considerations: OT; Sex Harrassment

[debi874]

I have several questions related to the workplace. These all refer to a family oriented eating establishment.
1. If an employee functions in different job capacities, with different pay rates, on various days of the 7-day workweek, should the employee receive OT for greater than 40 hrs worked cummulative? OR only if he/she worked 40 hrs in class A and 40 hrs. in class B meaning a total of 80 hours worked in that 7-day period? AND what if the employee works for the same co. but at different locations with the same scenario?
2. If a male supervisor frequently touches, hugs, and kisses young female employees without their permission considered harrassment? If so, what does it take to make a complaint and to whom should it be made?
3. If the manager is offering alcohol to minors as an incentive to "hurry up and get your kitchen cleaned and I'll go get you some" how and to whom can this be reported and what type of proof is needed?
4. Can a manager call you to come in for an un-announced meeting, make it mandatory and not pay you? What is the minimum time that should be allowed and is it wrongful termination if you cannot attend the meeting on less than an hrs. notice and then be fired for not coming? Legitimate excuse--required attendance at another obligation or face a fine.
All of these occurrences are happening in a well known establishment that hires a teen workforce and the young people who have incurred these experiences are very frightened of the manager/part owner because of his volitile nature.

[Beth3]

1. If an employee functions in different job capacities, with different pay rates, on various days of the 7-day workweek, should the employee receive OT for greater than 40 hrs worked cummulative? OR only if he/she worked 40 hrs in class A and 40 hrs. in class B meaning a total of 80 hours worked in that 7-day period? AND what if the employee works for the same co. but at different locations with the same scenario? The answer is the same to all these questions - the employee must be paid time and a-half for all hours worked over 40 in each 7-day paryoll period. Doesn't matter how many locations the employee works at for the employer, or how many different jobs he or she performs, or how many different rates of pay are involved.

When there are different base rates of pay for jobs worked during a pay period, OT must be calculated based on a weighted average.

2. If a male supervisor frequently touches, hugs, and kisses young female employees without their permission considered harrassment? Yes, assuming the behavior is unwelcome.

If so, what does it take to make a complaint and to whom should it be made? All it takes is to say "my supervisor touches me, hugs me, and kisses me and I don't like it." It appears this is a small, privately owned establishment so I doubt there is a human resources person. The employees subjected to the unwanted behavior should report it directly to the owner.

3. If the manager is offering alcohol to minors as an incentive to "hurry up and get your kitchen cleaned and I'll go get you some" how and to whom can this be reported and what type of proof is needed? It should be reported to the police - giving alcohol to minors is a criminal act. (I don't know who exactly you are but I bet these minors' parents sure would like to know what's going on too.)

4. Can a manager call you to come in for an un-announced meeting, make it mandatory and not pay you? The time must be paid for all non-exempt (hourly paid) employees.

What is the minimum time that should be allowed to come in for the meeting? There is no law on that. The manager is free to be as unreasonable as he wishes.

and is it wrongful termination if you cannot attend the meeting on less than an hrs. notice and then be fired for not coming? No, that would not be a wrongful termination.

Legitimate excuse--required attendance at another obligation or face a fine. Having a very legitimate excuse not to attend the meeting doesn't change anything. Firing you still wouldn't be illegal.

[debi874]

Beth3--Thankyou for your response. I am a parent of one of the minors who has suffered the sexual harrassment and witnessed the alcohol offer. I am just learning about all of this as the general manager has become irrational and verbally abusive in the workplace. He left the current location and opened up another store and the staff he left has excelled under new supervision and obviously jealousy is rearing it's ugly head. I am attempting to obtain the phone # of the other parents so they can instruct their children how to respond to the GM. All of this came to light because my daughter offers the cooks a homemade cake as an incentive when she is managing and she gets great cooperation. Unfortunately the general manager is part owner (minor) and is the one committing these injustices. The origin of this small co. is privately owned and the original owner is in MS. The current manager of this store is aware of all of this but afraid for his job too. So I am gathering facts and want to make the primary owner aware of these problems. I am quite sure he is bright enough to understand the liability. The cooks who are minors are and will attest to his offering of alcohol and the 15 - 19 yr. old girls are tired of the rude comments and touching of this man. He is also guilty of not paying OT greater than 40hrs. He schedules some of the green card workers 40 hrs at one location and then they go to the other store location and work 40 hours, totalling 80 hrs in a work week. I welcome any and all advice. debi874 in the memphis metro area

[Beth3]

1. Playing detective for very long may not be the best idea. Call the primary owner asap and tell him what's been going on.

2. Contact the police to report the alcohol that was given to the minors.

3. Contact your State's Department of Labor and report all the wage and hour violations (the unpaid overtime.)

4. If the sexual harassment continues after you speak with the owner, then contact your State's equal rights division and report the harassment your daughter has experienced. There is a statute of limitations so don't delay tooo long.