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Curious Mississippi

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  • Curious Mississippi

    Have 2 employees that were working every other week, 7 day/60 hour shifts. Organization decided to cut shifts to 4 day/38 hours and hire another employee to put in the rotation so they work 4 on 8 off. Reason for this was to avoid overtime payments and to have another person there to work out schedule problems when someone takes vacation, get's sick, etc... One employee thinks this was done (hiring the 3rd person) to specifically cut hours on her. The other employee didn't like it either, but understands it was a business decision. The employee that is not happy is threatening to file suit or complain with FLSA... I'm wondering if she has a case and wheather we were in our rights as employers to take care of our business within the law. Any ideas?

  • #2
    If she keeps complaining too much, she just might find herself with no hours at all.

    This is not an FLSA violation by any stretch of the imagination. The FLSA cares not a whit how many or how few hours an employee is scheduled for, or if an employee is scheduled for no hours at all.

    Please free free, Ms. Employee, here is the number of the DOL.
    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
      I agree, however, this is a non-profit org with members that will probably take her side. I'm more worried about any legal ramifications. She is taking this personally and it was not done as so.

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      • #4
        What legal ramifications? Unless she's talking illegal discrimination.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Thanks Patty, I think we are thinking a like. Because of all the members she has in her corner, I don't know what is going to happen. If she would quit that would stop a lot of this, but, I am hoping this all works out.

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          • #6
            She does not magically have a valid claim just because she has members in her corner. Nothing you have posted even remotely gives her any legal wage and hour claim, no matter how many members she's lined up on her side.

            Now, how you deal with in internally might be affected by that, but you have committed no legal violations and she has no legal claim whatsoever, unless there are major parts of the story you have left out.

            You might be interested to know that historically, the whole reason the concept of overtime was established was to encourage employers to do exactly what you have done - hire more employees to work fewer hours, instead of having fewer employees work more hours.
            Last edited by cbg; 10-05-2009, 12:15 PM.
            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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            • #7
              Don't think so... shifts were reduced to avoid overtime pay. We then had a shedule problem because both individuals needed the same time off. That made the committee think, what happens if someone gets sick, hurt or quits? That's why they came up with a third person. Also, these individuals have to be approved by the MS gaming commission before they can work on their own, so there is training, background checks and approvals to be done just to let someone in to work. Just can't hire someone out of the blue to start immediately, thus, the third makes more and more sense. It seems that it is more a personal "me/I" problem than anything else. We do have some internal problems we will have to deal with, it is just nice to know that she has no labor law claim...

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              • #8
                I see no illegal hr. problem. The FLSA doesn't care how many hours employees are required to work. (with some exceptions such as a max. # for minors) They just care that employees get paid & get paid correctly for all hours/time worked.
                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

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