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Employee worked wrong date!!! California

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  • #16
    It is not the first time, unfortunately. She has gone on the wrong date, gone to the wrong store, etc. She is aware of the effect on us - we don't even break even if we have to pay her for her mistake. Unfortunately, other than those mistakes, she is a good employee.

    I honestly didn't believe that it was necessary for us to have to pay when they screw up. So I appreciate the information (although nobody provided any actual proof of the law on the matter - I'd appreciate it if someone could give me a link or something), but I'm afraid that will be the only effective way to solve the problem.

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    • #17
      Originally posted by Betty3 View Post
      Your product still got promoted. Is this a minimum wage job?
      It's also not so simple as 'the product got promoted'. The clients decide when they want the promotion based on a lot of criteria such as when the product is on ad, when the most people can be reached, when product is on sale, when there will be extra product delivered to the store to support the promotion, etc. - Sorry, but I have to defend my company at least a little...

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      • #18
        That law would be the Fair Labor Standard Act, which is the primary law regarding wage payments in the US. It is a Federal law and applies in all states.

        http://www.dol.gov/compliance/guide/minwage.htm
        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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        • #19
          Originally posted by CAsmall business View Post
          (although nobody provided any actual proof of the law on the matter - I'd appreciate it if someone could give me a link or something)
          http://ecfr.gpoaccess.gov/cgi/t/text...1.2.44.3.434.4

          ยง 785.13 Duty of management.
          In all such cases it is the duty of the management to exercise its control and see that the work is not performed if it does not want it to be performed. It cannot sit back and accept the benefits without compensating for them. The mere promulgation of a rule against such work is not enough. Management has the power to enforce the rule and must make every effort to do so.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #20
            Thank you cbg and DAW.

            DAW - Does it make a difference if we can't really exercise control? Because the location that she was assigned to work at (a week later) was several hundred miles away from our location, and we had no way of knowing that she went in to work that day. The store managers are supposed to be aware of what promotions are being done on what days, but they often aren't, and they are also not employed by us, so they don't really have an obligation to report to us if someone shows up for work when they aren't supposed to.

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            • #21
              It doesn't matter if you "can't" exercise control, you still have to pay her, whether or not you're able to exercise control. The DOL is just stating that it's your duty to exercise control and if you don't, that's your problem.

              You asking the same question over and over again is becoming more than a little tedious. As others have said in increasingly exasperated tones, you are legally obliged to pay her for working on the wrong date, no matter what. Period.

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              • #22
                I understand the bottom line. No need to get snippy. I was simply asking for clarification on the information that DAW presented.

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                • #23
                  Does it make a difference if we can't really exercise control?

                  No. It does not. You are still obligated under Federal law to pay her for all the time worked.
                  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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                  • #24
                    This is not new law. It (FLSA) has been around a long time with a lot of court cases. The feds do not want employers to avoid paying employees for hours worked. If you really are not capable of controlling this employee, then fire her. But you cannot legally avoid paying her.

                    Reverse the question a momment and pretend it is your employee asking the question from her side. Pretend that you do not pay her. Our answer to her would go something like this.

                    File a wage claim with CA-DLSE. It is very difficult for an employer under federal and CA law to refuse to pay for hours worked. The chances that you will win such a claim vastly exceed the chances you will not. Better yet, if you are fired after you file the wage claim, there is a decent chance that the government will consider the termination to be legally wrongful.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

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                    • #25
                      I understand. Please don't think that I am going to avoid paying her - I was just trying to find out what the law was - in the past we have always paid those in this same circumstance, because we believe in the policy "better safe than sorry" when it comes to the law.

                      I had searched for information but was lost in a sea of "similar" circumstances, and wanted to know where we stood in this specific case. Now I know. So thank you everyone.

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                      • #26
                        Originally posted by CAsmall business View Post
                        Please don't think that I am going to avoid paying her.
                        Yeah why would we. Every post/question you have is about wanting to avoid paying your employees one way or another.

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                        • #27
                          Originally posted by christamcd View Post
                          Yeah why would we. Every post/question you have is about wanting to avoid paying your employees one way or another.
                          I was trying to find out if it was necessary - since it is, we will. Geez!

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