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

Announcement

Collapse
No announcement yet.

no work permit nc North Carolina

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • no work permit nc North Carolina

    The back ground: My son started at a grocery store in December of last year. He turned 17 in January. He was working in the meat department since he started. This particular grocery store's meat department is like a butcher shop where the meat is on display in a case and a counter person gets it out for the customer and wraps it. My son has been the counter person.

    My son was asked to go home early an hour early because they did not have a workers permit on file. The manager just told him to go get one and bring back on his next days work. I had to call back and tell him that he had to fill it out and then we take to dss to finalize. Anyway we took it today for them to fill out and he was told that he could not work in the meat department any longer because he is not 18. Although he is not cutting or operating any equipment only wrapping the paper in wax paper. They told him that they might be able to move him to grocery. After waiting all afternoon, we called back and finally they said he could work in grocery. They would have to work him into the schedule for the rest of this week, but could give him 40 hours next week. My son was scheduled a total of 32 hours the rest of the week. Now they say that they may not be able to give him anymore hours this week causing him to be short 32 hours plus the 1 he was told to leave early.

    My question is this: should he get paid for the hours he was originally schedule. It is not my sons fault they did not originally obtain the work permit and now decide he can not work in the meat department. He did what they asked got the new permit and is available to work his original schedule. They have also stated they may classify him in the grocery department but still sometimes have him work the counter in the meat department in the future. I believe he is getting the run around as well as us. Do we have any recourse?

  • #2
    No.

    You cannot force an employer to pay you for hours you are not working.
    You cannot force an employer to give you the schedule you want or the job you want.
    You cannot force an employer to ignore federal or state statute about children employment issues.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

    Comment


    • #3
      So they can take him off the schedule for the rest of the week and then put him back on next week? He obtained the work permit that they should have requested before he started working. He is available and now have said they may have him work in the meat department that they originally said he could not work in as the reasoning for him not working the rest of the week?

      Comment


      • #4
        There is nothing in the law that is going to force them to put him on the schedule until they are ready to do so. I very much doubt that he has a contract guaranteeing that they MUST schedule him to work as long as he is available, and that is the only way they would be required to do so.
        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.

        Comment


        • #5
          He was already on the schedule for this week. He is still scheduled in the meat department but supposedly he is not supposed to work in the meat department. But yet they are classifying him as the grocery department but still going to work him in the meat department doing the same thing he has been doing. But he cannot work this week?

          Comment


          • #6
            One more time.

            No, he can't work unless he is scheduled. If they don't want to schedule him, for whatever reason, there is no wage and hour law that is going to force them to.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              Thanks for the sarcasm! But if you read my post I stated he is scheduled in the meat department but supposedly he is not supposed to work in the meat department. In fact I also stated he is scheduled 32 hours the rest of the week in the meat department. I realize you are trying to help but maybe if you thoroughly read the last post you would see that I stated he is on the schedule.

              So one more time! Is there any recourse with him being on the schedule in the meat department but supposedly cannot work in that department because of needing a work permit. He got the work permit. But now have stated he is not supposed to work in the meat department and not allowing him to work those hours. But they have also stated that they were going to classify him as grocery going forward but sometimes have him work the meat department counter like he always has.

              If there is no recourse that is fine but please do not just say no and your reasoning is that he is not on the schedule when I said he was and is on the schedule in my previous post.

              Comment


              • #8
                There is no recourse.
                - Wages due are a function of actual hours worked.
                - The "schedule" is whatever the employer says it is.
                - With a very few exceptions such as airline pilots, any employer can legally make pretty much employee work (or not work) pretty much any hours the employer wants.
                - The employer can generally legally terminate employees for failure to work hours required.
                - With very few exceptions, job descriptions and normal job duties are legally meaningless. Almost any employer can legally make almost any employee perform any legal duty. An airline cannot legally make a baggage carrier fly the airplane, but the airline could legally make the pilot haul luggage [absent a union contract anyhow].
                - Speaking of which, some grocery stores are union. If so, what you describe may (or may not) be affected by the union contract.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

                Comment


                • #9
                  [QUOTE=DAW;975628] An airline cannot legally make a baggage carrier fly the airplane, but the airline could legally make the pilot haul luggage [absent a union contract anyhow].

                  Actually, my husband is a pilot with a union contract and he often loads baggage....
                  (G)
                  I find that the harder I work, the more luck I seem to have.
                  Thomas Jefferson

                  Comment

                  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.
                  Working...
                  X