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Author: RainbowRider Big red star, 1000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 744743  
Subject: OT: Is this an abusive employer? Date: 2/5/2002 11:08 AM
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Hello, everyone --

I am hoping that some of you who have been employers can help me with this situation.

My 74 year-old mother has a friend (in her 50's perhaps? maybe near 60?) who works as a "gatekeeper" for a private company. I do not know if she is salaried or paid hourly, but the conditions sound appalling (if she is not exaggerating).

She is alone at the gate and must inspect each truck that comes in or goes out. She allegedly gets no bathroom breaks and no lunch break, and she is expected to work more than 8 hours at a stretch. Sometimes the trucks get backed up because the inspection process takes time and the drivers get ticked off, possibly verbally abusive.

My opinion is that there are labor laws to protect people against this sort of job-hell, and so I have told my mother. But, because I am just her kid and thus can't possibly know anything, my mother just replies that "they are a private company and can do anything they want."

My hope is that someone on the board will know of some resource to which I can refer my mother and her friend so that they can acquaint themselves with worker's rights issues as they might related to this lady's situation.

I will appreciate any information.

Rider
(who hopes with all her heart that she NEVER feels so trapped in a job that she would put up with conditions like those)
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Author: BobBluff Two stars, 250 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 61579 of 744743
Subject: Re: OT: Is this an abusive employer? Date: 2/5/2002 11:26 AM
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I think the first thing that needs to be done is to determine the actual employment situation. If she is paid "under the table", she is out of luck. If the lady in question is an employee (hourly), the employer may be in violation of federal wage and salary laws that dictate how hourly workers are to be handled. (Note: I'm NOT sure if there is any minimum number of employees the business must have to fall under these rules or not).

If the lady is an hourly employee, my understanding of federal wage and salary laws stipulate that no one can work more than 5 hours without a break. Further, no one can work more than 8 hours/day without being paid overtime or more than 40 hours per week without being paid overtime (time and one-half??). I suggest you double-check my memory on these points by calling the feds.

If the lady is inspecting trucks, OSHA may want to pay a visit to make sure she is working in a safe environment.

BB

who is a capitalist that believes there are tons of safe & legal ways to make money without exploiting human capital.

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Author: golfwaymore Big gold star, 5000 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 61599 of 744743
Subject: Re: OT: Is this an abusive employer? Date: 2/5/2002 2:59 PM
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She is alone at the gate and must inspect each truck that comes in or goes out. She allegedly gets no bathroom breaks and no lunch break, and she is expected to work more than 8 hours at a stretch.

Double R,

This likely varies from state to state. In my state [Georgia], the law requires a break of no less than 10 minutes, for every 2 hours worked.

Contact your local Dept of Labor, and they can tell you what it is for your area.

Golfwaymore

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Author: funch27 Two stars, 250 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 61611 of 744743
Subject: Re: OT: Is this an abusive employer? Date: 2/5/2002 4:17 PM
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www.monster.com
www.hotjobs.com

Get a new job.

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Author: HarryA One star, 50 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 61664 of 744743
Subject: Re: OT: Is this an abusive employer? Date: 2/6/2002 12:32 AM
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RainbowRider,

The federal Fair Labor Standards Act (FLSA) establishes certain minimum conditions that all employers must meet for covered employees, such as minimum wage and overtime pay requirements. It covers most non-farm work that would generally be considered "blue collar". Professional, administrative, & executive positions are usually "FLSA-exempt". Useful info may be found at:

http://www.dol.gov/dol/esa/public/regs/compliance/whd/hrg.htm
http://www.dol.gov/dol/esa/public/regs/statutes/whd/allfair.htm

Things like work breaks & benefits are covered under state labor laws. Here are a couple of links:

http://www.dol.gov/dol/esa/public/programs/whd/state/state.htm
http://www.twc.state.tx.us/ui/lablaw/lablaw.html

Hope this helps.

-Harry

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Author: RainbowRider Big red star, 1000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 61683 of 744743
Subject: Re: OT: Is this an abusive employer? Date: 2/6/2002 10:03 AM
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My thanks to all who replied. I have printed all your responses and will send them to my mother. I hope that knowledge will indeed be power and her friend will do something to improve her situation.

Thanks a bunch!

Rider


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Author: Commodore64 Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 61687 of 744743
Subject: Re: OT: Is this an abusive employer? Date: 2/6/2002 10:52 AM
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"My opinion is that there are labor laws to protect people against this sort of job-hell, and so I have told my mother. But, because I am just her kid and thus can't possibly know anything, my mother just replies that "they are a private company and can do anything they want.""

I don't know about labor laws, but she can always go the "take this job and shove it" route if she is unhappy. Perhaps she stays on because it pays better than other jobs someone with her skill set can get.

jb



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