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Docked Sick Days among other things New York

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  • Docked Sick Days among other things New York

    Hello all. I have been working at a private club for about 4 months. While my job itself does not pose a challenge, my boss and comptroller do.

    My boss, the manager, has cursed at me, banged his fists on my desk while screaming at me, threatened to "knock my teeth out" and has otherwise made my working enviornment unpleasant.

    When I accepted the job I was told that I would have all "office" holidays off, 2 weeks vacation and sick days would be "worked out". I have since been asked to work every single holiday and my scheduled days off. When I brought this to my manager's attention-he told me I should have gotten what he had said in writing.

    On my first day, I asked my comptroller where everyone goes for lunch. I was told since the club provides lunch, we are to eat at our desks. That wouldn't be a big deal except I am a front desk receptionist and REQUIRED to answer the phones during lunch. In fact, the comptroller personally forwarded calls upstairs when I decided to eat away from my desk. (Also, please note I do not eat the provided lunch)

    I have kept my mouth shut--in part because I was fired in February and do not care to be fired again. However, I was sick 3 days last week and have been docked. I was never told I would be docked nor did I sign off on it. There is nothing in writing (unfortunately) about sick days, personal days, overtime etc. I have not gotten overtime, holiday pay etc. Since I eat at my desk and do not take lunch, have worked late, come in on my day off etc --shouldn't I be owed some compenation. Is what they are doing legal?

    Any advice would be appreciated, thanks.

  • #2
    We can't answer any of your questions unless we know whether you are exempt or nonexempt and we have to know what your job duties are in order to do that.

    BTW, it's not illegal for the boss to be a poor manager and a rude jerk.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Sorry about that

      I am a receptionist. I answer phones, do some light clerical administrative work like create menus, take dinner reservations, and make up the newsletter once a month. That is basically my job. I am 9-5pm (but i am always there later because they give me work at the last minute). I have never received overtime pay, holiday pay etc. I hope this helps you in determining my status. If you need additional info, I'm sure you will let me know.

      I am surprised it is not illegal for a boss to say to an employer that he could "knock your teeth out for free" when you say you can't come in on your scheduled day off because of a dentist appointment. It's no wonder people like him behave this way---they know they can get away with it!!!


      • #4
        If you actually feel physically threatened, I guess you could report it to the police, but I don't think they can really do much at this point.

        Based solely on the duties you have described, there is no way you could be exempt from overtime. However, I thought I remembered reading somewhere that employees of private clubs could, under certain circumstances, be exempt from the overtime and minimum wage provisions of the FLSA. Does the club do at least $500,000 in gross revenue annually? Or, if not, do any of the employee engage in interstate commerce, such as purchasing supplies from an out-of-state supplier?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        • #5
          Patty, you were right by the way with your second post. I might have to file a complaint with the DOL once I'm out of here.


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