Labor Law Talk  
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Go Back   Labor Law Talk > Employment and Labor Law > OHSA, State, & Federal Labor Laws Posting Requirements > Utah Labor Laws

Reply
 
Thread Tools Display Modes
  #1  
Old 03-08-2006, 10:09 PM
ChePibe ChePibe is offline
Junior Member
 
Join Date: Mar 2006
Posts: 3
Default Utah - Mandatory "Volunteer" Service

Thanks in advance for your advice

I presently work for a non-profit organization in Utah.

My employer has recently decided that all employees should perform a mandatory "volunteer" project periodically throughout the year. My employer states that this is a mandatory "training" project to help us improve customer service. I am in a supervisory position and over a small group of other employees, with whom I am to plan and carry out a service project. All employees will be paid for their participation in the project and planning for it.

I have dragged my feet on this, as I believe being forced to do service and then receiving compensation for it is morally questionable. However, the due date is approaching and my group's project is scheduled two weeks after the due date. Obviously, the blame for doing our project late will fall entirely on my shoulders, and I will accept that blame.

My group has decided to do its service project for a religious organization on a Sunday. I do not feel comfortable accepting compensation for this work, as I do not believe in receiving pay for performing religious duties nor in "working" on a Sunday, and will refuse any monetary compensation. I have informed the employees I supervise that they may ultimately decide whether or not they accept compensation and that I will have no role in their choice.

I have two basic questions:

1. Is my employer on any legal grounds to punish me for failing to perform this "service" on time or failing to do it at all?

3. Is my employer on any legal grounds at all to compel employees to perform service projects, whether under the guise of training or otherwise?

2. Should my employer attempt to punish me at all - reduced wage or wage increase, termination, etc. - what recourse do I have?

I have been with this employer for 3 years and have an excellent record, recently passing through an evaluation period with very high marks from fellow employees and management.

Thank you for reading such a long post, and thank you again for your response
Reply With Quote
  #2  
Old 03-09-2006, 12:11 AM
ElleMD ElleMD is offline
Senior Member
 
Join Date: Jan 2006
Location: MD
Posts: 12,080
Default

OK, I have to ask, if you are responsible for coming up with or guiding this group volunteer project, why would you choose something which you have an objection to? If I disagreed with performing work on a Sunday, I sure wouldn't schedule my group project for a Sunday.

As it seems you have had plenty of time to prepare for this and had some hand in planning what type of volunteer project you will do, yes, you employer absolutely can hold it againt you if you do not do it. It has nothing to do with your religious beliefs, but rather your failure to comply with a company assignment. You admit to dragging your feet on this and scheduling a project after the deadline so I don't see your employer as having much sympathy. You already have 2 strikes against you.

Your employer is perfectly within their rights to mandate that employees participate in some sort of volunteer activity as a condition of continued employment. They are paying you for that time so they have a right to direct what you do during it. It isn't as if they are forcing you to work on a Sunday against your religious beliefs, that is the project you chose.

If you truly do not feel right accepting compensation for this assignemnt, consider donating that portion of your salary to a worthy cause of your choice.
Reply With Quote
  #3  
Old 03-09-2006, 12:21 AM
ChePibe ChePibe is offline
Junior Member
 
Join Date: Mar 2006
Posts: 3
Default

Thank you for your reply, Elle.

The issue of the actual project is, of course, my choice, and I accept that. I suppose I should have pointed out that the foot dragging, however, isn't entirely my fault - aligning the schedules of several busy people with families is not easy. Choosing to do the project on a Sunday is more a matter of convenience, and the only time all of us could participate. The project was originally planned two days from now, actually, but was pushed back to ensure two remaining group members could participate.

The key issue is whether an employer can demand employees do community service and make their employment (and promotions, etc.) dependent on that service. That appears to be the case. I would like to ask, however, if you have a specific citation in law for this. I don't doubt you or your opinion in the least, I would only like to study the subject more closely myself.

Thank you again.
Reply With Quote
  #4  
Old 03-09-2006, 12:26 AM
ElleMD ElleMD is offline
Senior Member
 
Join Date: Jan 2006
Location: MD
Posts: 12,080
Default

You aren't going to find a law that says they can, only the absence of a law that says they can't. Employers have a great deal of latitude in assigning work and so long as you are being paid for your time, what your employer requests you do with it, is up to them. Absent of course the breaking of any laws. They could not pay you for your time and expect you to rob a bank, but they very well could expect you to put in time with an outside organization. In the non-profit sector that is not uncommon. Even some private sector employers are offering to pay employees for their volunteer time.
Reply With Quote
  #5  
Old 03-09-2006, 12:35 AM
ChePibe ChePibe is offline
Junior Member
 
Join Date: Mar 2006
Posts: 3
Default

That makes my job a bit easier.

In any case, I'm not anticipating too much of a problem. For my position, I've nearly reached the cap on my salary as it is, and strongly doubt much of an issue will be made of it. The project is something of a pilot program, and I'm hardly alone in "foot dragging" on it - it's been met with great hostility, as management failed to discuss it with supervisors before implementing it. Hopefully, through some careful office politics, we'll be able to avoid this from coming up again. I don't mind doing service - I do it regularly - but I despise being forced to do so, particularly when it means assembling a group of busy people so we can work together, another policy of this program.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Is Utah a 'baby warehouse'? LilMtnCbn Utah Family Law 2 11-16-2006 10:28 AM
Mandatory Overtime in Utah herelt Utah Labor Laws 4 10-23-2005 02:02 PM
ALIA Digest #3121 Lady Di Virginia Family Law 0 11-25-2003 02:14 AM
ALIA Digest #3107 Lady Di Wyoming Family Law 0 11-13-2003 02:02 AM
National Service Ed US Immigration Law 6 09-10-2003 03:54 AM


All times are GMT -8. The time now is 04:02 AM.


Powered by vBulletin® Version 3.7.1
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
© LaborLawTalk.Com 2008. All Rights Reserved.
Privacy Policy | Disclaimer and Conditions of Use

The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation. Please note that some of our forums also serve as mirrors to Usenet newsgroups. Many posts you see on our forums are made by newsgroup users who may not be members of LaborLawTalk.com

Topics pertain mainly to the following States:
Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District Of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada North Carolina North Dakota New Hampshire New Jersey New Mexico New York Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming