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Is this illegal or just annoying?
I work in the trade industry and since customs isn't going to be open on 7/3, our office is going to be closed as well. We got an email from the boss saying that even though the company will not be open that day, we will have to use a vacation day for that day. There is no option to come into work- which I would do if it were an option. I don't want to take one of my vacation days for a day I don't care about! I would think that since July 4th falls on a weekend and it is normally a paid holiday, then we would be compensated for 7/3 as if it were a paid holiday as well. I realize that this may depend on the company (I consulted our manual and it was very "interpretive" and the answer to everything was "at the discretion of the local branch manager) and it may depend on state laws.. however any input is appreciated! Also, my company has recently told us that if we are needed beyond our 40 hours and don't work overtime (without pay) then we will be seen as not team players" and can be let go. Oh and let me say that I don't really plan to say anything about this... I would rather be employed than seen as a "trouble maker" right now... our company has a way of getting rid of those people under other pretenses. |
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If the company is going to be closed, they shouldn't take one of your vacation days. It wasn't your choice to close. If July 4 would normally be a paid holiday, they should be honoring July 3 as the holiday this year. I understand not wanting to be a troublemaker, but that really isn't right.
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Steve * Despite the high cost of living, it remains very popular. * Why should I pay for my daughter's education when she already knows everything? * There are no shortcuts to anywhere worth going. |
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I never understood why companies treat their employees like this, to keep good employees is by treating them good. Also, isn't there a law about having to pay overtime pay if you work beyond 40 hours?
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It sounds as if you are an hourly wage employee, in which case I think that it is illegal to not pay you for all hours worked. Do you actually punch a clock? If you do and are made to clock out but return to work, I think you should keep a notebook on exactly when you put in extra hours. Well, just keep time notes, regardless. Keep track of who else was working, & who was supervising/ managing on those extra hours.
If they put these new policies in writing, I would save the documents. If yours is a large business, it is hard for me to imagine someone will not take this to a state labor office. Last edited by Joan.of.the.Arch : 06-21-2009 at 09:03 PM. |
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Actually I am a salaried employee and when we get these "updates" they are not in writing, but instead we are each called into the manager's office individually and told about the new so-called policies. I do have notes on this. The July 3rd thing, however, was in an email which I have definitely saved. I know two other people within our huge corporation that have spoken up about these issues and they were "exited for performance deficits."
edit: This morning I learned that someone took up issue with the forced vacation day and was told simply to deal with it. Also, everyone was reminded that GA was an at-will state and they didn't really even need a reason to get rid of us. I think I just need to get out of here :-/ Last edited by akrogers : 06-22-2009 at 05:18 AM. |
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As salaried, it might be in your contract to work some overtime?
I know for my husbands company a lot of folk are under contract to work 'up to 42 hours' for the salary they are paid. As to the vacation day, be thankful you have one to use, my husband has none so when the site is closed he must work over other days to make up the time. |
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As a salaried employee they don't have to pay you for overtime. Also, holidays are benefits. If they see fit to not give you a holiday off, that is their perogative. All federal employees get off the federal holidays, but to private companies they are nothing more than a guide. Unfortunately there is nothing you can do but look for another job.
The fact that you don't have the option to work is something you will have to check with you local labor board. |
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Sadly, our employee descriptions/contracts are in the manual which in every section reads; "at discretion of local manager" or something that basically gives all of the power to the manager at the branch. I mean I need to find a new job anyways, our company is completely imploding... it's a huge corporation and we all see it on the news every day that we are going down. The stock was at around $50 per share when I came on and now it's a good day if we get over $2/share. But that's the economy for you- I am just happy to be employed albeit miserable
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I guess when you are salaried, the 40 hours is actually really the "minimum" you have to work.
DH's official hours are 8:30am to 5:30pm but he hardly ever leaves at 5:30pm. Usually 6:30pm, sometimes 6 or 7. To get the work done he sometimes works through lunch too. Many in his department are like that, especially the employees that have been there a while. I guess, he would be one of the "team players." I have heard of forced "furloughs" where DH's uncle's entire company is forced to take a particular week off as one of their 2 vacation weeks. The entire company shuts down for that week as a cut saving measure. He works for one of the 500 companies I think. I think it is the sign of the times, unfortunately... |
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Yeah we are all "team players" since we all work well past our forty hours, it's just that none of us appreciate them telling us that we have to or we will be out of a job. I do much better with more positive motivation... but everyone has different managerial styles. I just checked the Fortune 500 list and we are in the 200s on the list and are showing -300% profits from 2006... so we are definitely being hit by the times!
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This is sadly how too many companies operate. People often complain about labor unions but yours is an example of why labor unions(even though it might not apply to you)exist. This isn't a union endorsement but an explanation. There is so often this great disconnect between management and the people that work for the company. When you take a job it's so much nicer to have the rules spelled out and written down than to get these things thrown at you out of the blue. Good management seems to be going by the wayside anymore. Managers seem better at managing workers as strictly employees rather than managing them as (people) employed by the company.
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"Those who can't remember the past are condemmed to repeat it".- George Santayana. |
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This is why being a drone in a cubicle in a large company sucks.
But most put up with it out of fear. When the economy turns around, these same companies will lament that none of their employees are "loyal" and they have to offer all these inducements to get new hires or keep the ones they have left. It's a viscous cylce that keeps getting more viscious. |
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OP: I don't think that forcing you to take a vacation on the day the office is closed is illegal, just 'not nice'. Every state has different laws so you'd have to look yours up. If you're salaried, they can work your 120 hours and get away with it. That said, the job market is horrendous. Keep your job as long as you can. If it goes under, hopefully you'll get a good severance. I've been out since January, with no hope of anything happening before fall. |
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OP, eventually the economy will improve so I suggest it would be a good idea to use this time to prepare for other employment. Start identifying all your skills and how they could be of benefit to other employers. If you need to take a couple of courses or try-out some new tasks to expand your skills you could be viewed as an employee to be retained. Update and polish your resume, your interview skills, and start 'networking.' Let everyone you know of your desire to change jobs and enjoy 'new challenges.' Whatever you do, don't mention anything negative about your current employer, that shuts all the doors! Go to those 7 am breakfast meetings if possible to meet more of the business community.
During the boom when DH was 'salaried' management, he and his peers worked a minimum of 60 hours a week, off the clock. It is the culture in many organizations and called 'pay your dues.' |
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So true Snafu. I sometimes have a bad attitude about it because I am just doing this corporate thing until I finish up my MA, and let me tell you I can't wait (finish up next year). Although I haven't been happy where I am, it is absolutely a learning experience and an eye opener to the way that so many people in our country make a living. I need to keep my head up and get through it until I am finally able to be self employed and/or have the luck to do something artistic and free-spirited for money- I can dream :-p
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I would trade one vacation day in a heartbeat vs the 10 unpaid "holidays" that I have to take throughout this year. Its a tough economy and company's are taking big steps to do what they need to in order to keep afloat. I agree from my vantage point it seems to hurt my pockets more then theirs, but I'm happy to be employeed when so many are not.
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As a salaried employee, I don't know why anyone would expect to be compensated on an hourly basis for working overtime. I work the hours hours required to meet my obligations at work. Sometimes that's less than 40 hours a week, sometimes it's more, sometimes it's much more.
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