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Does any of this fall under federal labor law? Missouri

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  • Does any of this fall under federal labor law? Missouri

    I am posting on behalf of my father, who doesn't have time to do it himself.

    He is a "district manager" at a certain company that has a few locations across the state, though there are many abuses, the first is that they aren't using him for more than an additional cashier who manages conflicts amongst staff and patrons.

    My father is a salary employee, but I don't know what parameters make him exempt or not from overtime or not. If not exempt, he is definitely being screwed.

    Here are the abuses:

    1. They don't allow him to perform the functions he was hired to perform, because they just use and abuse him for tasks non-salaried employees do.

    2. They make him use a timeclock despite being a salaried employee. Though I know this isn't illegal, the way they use this to manipulate him may be.

    3. They schedule him two days a week off, but randomly change them in a seemingly malignant effort to make him suffer. The man who shares the same job title but is "above him" has a personal vendetta against my father, as he is making everyone look bad because of his competence. I suspect he is trying to make my father quit.

    4. They schedule him to work from 6AM to 10PM many days, 5 days a week, and then tell him that next week he will be working from 4AM to 10PM 5 days a week in a town that is 30 minutes to an hour away from the location he currently works at (which is only 5 minutes from where he lives).

    5. The man "above him" I mentioned previously threatened to fire an hourly employee for telling him that they enjoyed working with my father because of his professionalism and comptence, and further threatened that if the owner of the company heard this, that my father would be fired as well.

    6. Numerous other abuses along these lines exist, with scheduling him to work hours that leave him only a few hours a day to himself, but I don't know all specifics.

    Any help would be appreciated.

  • #2
    Unless the adverse behavior is predicated on the basis of a protected characteristic (race, age, gender, etc.), none of it is illegal.
    I am not able to respond to private messages. Thanks!

    Comment


    • #3
      If the OP wants to examine the Exempt status, that is based on the actual job duties of the employee. If I read what was posted correctly (anything is possible), the employee is mostly a cashier but whom also has some supervisory duties. What is sometimes called a "working supervisor". If this is true, cashier per se is non-exempt, but supervisor per se is exempt. So the trick is to see if one of the Exempt classifications is applicable. I am including a pointer to the so-called White Collar exceptions and am going to suggest that you read the rules for the Executive exception. Based on what is said, that is the obvious one for the employer to try to use.

      Not the question, but the Executive exception, particularly in the Retail industry has been fairly widely applied by federal DOL and the courts. Worse, I have read summaries of dozens of court decisions involving retail store and assistent store managers that seemed to be quite inconsistent.

      For overtime only, I would strongly recommend that the employee keep track of all hours actually worked at home, not using employer resources such as phones, computers or copies. A paper notebook works great. Past that, while you need to read the rules associated with Executive, there is a pretty good chance that you might come up with "maybe" as the answer. If so, the employee might wish to just collect hours worked information. If the employer is as bad as indicated, there might be a change in employer anyhow, and at that point, there is no reason to not file a wage claim for unpaid overtime. It works or it does not.

      Your other questions are outside of my area of expertise. I do not disagree with the other answer, but also do not have a very strong opinion on those issues.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

      Comment


      • #4
        Hold for Patty or DAW (a payroll person) to come along. I'm concerned about some of this such as #1. If he is classified as salaried *exempt* & is doing an excessive amt. of *non exempt* duties, that could void the exempt status. Salaried is just a payment method - I'm not sure from your post if you are saying he is exempt from overtime. (not getting OT)

        They may have some add'l. questions for you.
        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.

        Comment


        • #5
          DAW was typing his post as I was typing mine but got his submitted off first.
          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.

          Comment


          • #6
            Many thanks. All other commentary is welcomed. I will try and get him in on this.

            Comment


            • #7
              Originally posted by ilikenwf View Post
              Many thanks. All other commentary is welcomed. I will try and get him in on this.
              I'm so sorry your father is being abused this way, it is so hurtful to him and his family members obviously.

              God bless you and your family.

              Comment


              • #8
                Originally posted by LETC View Post
                I'm so sorry your father is being abused this way, it is so hurtful to him and his family members obviously.

                God bless you and your family.
                Indeed it is, mostly to him and my mom. That said, life is still good.

                God bless you and yours as well, and have a Merry Christmas if you celebrate it.

                Comment


                • #9
                  DAW is the expert on exempt status on this board.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment


                  • #10
                    Sad if true, because there is a lot that I do not know.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

                    Comment


                    • #11
                      Well to us you are an expert. You & Patty are experts to me on payroll/wage & hr. issues.
                      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.

                      Comment

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