Employer legalities Question

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Originally Posted By: sxg6
A few replies in this thread kind of bother me. If you're an hourly worker at a place like this, chances are you can't afford to put extra money away since you're probably living paycheck to paycheck. I've worked in retail for some time now, and I know, and have known far too many people who live that way. They simply don't make enough money, and get enough hours to have extra money on the side.


I don't have a dog in this fight, but your post is probably one of the most truthful I've read so far. About a month ago, I was in a national buffet chain restaurant. It was busy and our server was trying to get through the slow-moving crowd. She was waiting for people to move so she could get through the crowded room and I stopped to let her through. As she past me, I casually said "Your job is more important than my appetite." She said "My employer must not agree. I'm getting paid $2.21 an hour."
$2.21 an hour? I know food servers don't have to get minimum wage because they hope they get good tips, but is that small amount accurate? That somewhat shocked me. I know they probably get a fair amount of tips on a busy day, but I did not know food servers could get paid such a small pittance. On top of that, I'm sure there are no other benefits either.
 
Correct me if I am wrong, but I got the feeling from reading OP that the workers there were NOT told about this two week off period; only the management knew about it.
 
Originally Posted By: 01rangerxl

I've worked low pay hourly jobs. Yes, being poor sucks, but you still need to put some money away for situations like this.


I definitely agree.

I'm sympathetic towards some, but certainly not everyone. I can't tell you how many times I've heard employees complain about not having enough money, not getting enough hours, etc.. Then you go and give these people more hours, and they don't want them. Or they will come to work and complain about how they don't want to be there, and want to leave early if possible. Then there are the people who complain about not having money, complain about all their debt, yet spend what little money they have on junk that they don't need. Frustrating to see, especially when it's not just 18 year old kids, but 30 year old adults.
 
i can just guess how the workers will work after they go back to work. such ways of treating people isnt a one way street.
 
Originally Posted By: morris
i can just guess how the workers will work after they go back to work. such ways of treating people isnt a one way street.


While I've never worked in a food sector, I've known plenty of people who have. Unfortunately, the only people they can really take it out on is the food-eating customer. Not only do the servers take revenge, but the people in the kitchen take it out on the customer also.
 
Originally Posted By: sxg6
Originally Posted By: 01rangerxl

I've worked low pay hourly jobs. Yes, being poor sucks, but you still need to put some money away for situations like this.


I definitely agree.

I'm sympathetic towards some, but certainly not everyone. I can't tell you how many times I've heard employees complain about not having enough money, not getting enough hours, etc.. Then you go and give these people more hours, and they don't want them. Or they will come to work and complain about how they don't want to be there, and want to leave early if possible. Then there are the people who complain about not having money, complain about all their debt, yet spend what little money they have on junk that they don't need. Frustrating to see, especially when it's not just 18 year old kids, but 30 year old adults.


I know somebody just like that. 50 years old, on disability, and out of money in 2-3 weeks. Then borrows money from so called friends who charge interest. (A lot of it.)
 
Originally Posted By: Kruse
Originally Posted By: sxg6
A few replies in this thread kind of bother me. If you're an hourly worker at a place like this, chances are you can't afford to put extra money away since you're probably living paycheck to paycheck. I've worked in retail for some time now, and I know, and have known far too many people who live that way. They simply don't make enough money, and get enough hours to have extra money on the side.


I don't have a dog in this fight, but your post is probably one of the most truthful I've read so far. About a month ago, I was in a national buffet chain restaurant. It was busy and our server was trying to get through the slow-moving crowd. She was waiting for people to move so she could get through the crowded room and I stopped to let her through. As she past me, I casually said "Your job is more important than my appetite." She said "My employer must not agree. I'm getting paid $2.21 an hour."
$2.21 an hour? I know food servers don't have to get minimum wage because they hope they get good tips, but is that small amount accurate? That somewhat shocked me. I know they probably get a fair amount of tips on a busy day, but I did not know food servers could get paid such a small pittance. On top of that, I'm sure there are no other benefits either.


I had my Dinner Sunday at a "TEXAS ROADHOUSE" my bill was $41.xx and i left $50.00 that girl made $8 tip for a warm smile and a fast order.. she was at my table less than probably 4 minutes totall.. good for her !!
 
A few days out of work is better than no job at all.

Many businesses are required by their lease to update and remodel their location every few years.
 
I was thinking the same thing. Folks complaining about low wage jobs, but I have to wonder what they are doing to make themselves marketable for higher wage positions?

I have a 19 year old step son who will be 20 in a bit over a month. He's been to two different colleges, yet still hasn't figured out that you need to go to class and do the work to get grades. If you don't you fail or get dropped by your instructor.

He is about to get dropped by his mother and told to find a different place to live because he won't be allowed to sit here, play video games, empty the fridge and watch Cartoon Network while everyone else in the house works or goes to school.

But to hear him talk sometimes, he says it's not fair. How corporations are greedy, etc.

The problem is, I see his attitude as just as greedy. Do the minimum possible to get by and have a place to live while sponging off his mom and me.

He is above average intelligence, I think he scored a 26 or 28 on the ACT. No physical problems, almost completed his black belt before he dropped out of the program for his first run at college.

How much of the problem is the attitudes of kids (and adults) like these who refuse to embrace the notion that life doesn't owe you anything but a swift kick in the backside if you simply try to slide through it?

I suspect most working at places like this are either working their way to a better job and this is just part of a larger journey, or they are supplementing family income such as a wife or mom working a few hours to pick up some spending cash, or they are kids (adults) who think like my stepson does, and they can't or won't look at the bigger picture.

I realize not everyone can be an executive in a well placed corporation. But at the same time, when I find two great looking jobs for him to follow up on, one working for UPS locally who is looking to hire and another that is willing to train someone they can trust to go install and repair ATM machines and he doesn't even call them, then I have to wonder if the problem is really greedy corporations of if the problem is greedy (entitled) people who can't or won't see that they have to be proactive in managing where they are going in life and plan to reach their goals.

I don't expect stepson to know everything. But he acts as he does as he doesn't ask for help, he simply has decided how he thinks the world should be and apparently it's going to take some tough love reality in the form of his mom booting him out for him to see that his current strategy will not work.

Originally Posted By: sxg6
A few replies in this thread kind of bother me. If you're an hourly worker at a place like this, chances are you can't afford to put extra money away since you're probably living paycheck to paycheck. I've worked in retail for some time now, and I know, and have known far too many people who live that way. They simply don't make enough money, and get enough hours to have extra money on the side.
 
Originally Posted By: Spector
Applying for ten days of unemployment, PHEW! Is the hassle worth what you will get?


It doesn't take long and you can do it over the phone or the internet just like facebook.
lol.gif


It's definitely worth it; it's insurance and it's already paid for.
 
Originally Posted By: chiks
What about the WARN act?
It requires workers to be told about plant closures 60 days in advance.

I've never heard of that one but it's good to know:
Quote:
The Worker Adjustment and Retraining Notification Act (WARN) protects workers, their families, and communities by requiring most employers with 100 or more employees to provide notification 60 calendar days in advance of plant closings and mass layoffs.

Employee entitled to notice under WARN include managers and supervisors, as well as hourly and salaried workers. WARN requires that notice also be given to employees' representatives, the local chief elected official, and the state dislocated worker unit.

Advance notice gives workers and their families some transition time to adjust to the prospective loss of employment, to seek and obtain other jobs, and, if necessary, to enter skill training or retraining that will allow these workers to compete successfully in the job market.

Generally, WARN covers employers with 100 or more employees, not counting those who have worked less than six months in the last 12 months and those who work an average of less than 20 hours a week.
Employees entitled to advance notice under WARN include managers and supervisors as well as hourly and salaried workers.
Regular federal, state, and local government entities that provide public services are not covered by WARN.

The Department of Labor's (DOL) Employment and Training Administration (ETA) administers WARN at the federal level, and some states have plant closure laws of their own. A State Dislocated Worker Unit Coordinator can provide more information on notice requirements in a specific area.

DOL has no enforcement role in seeking damages for workers who did not receive adequate notice of a layoff or received no notice at all. However, they can assist workers in finding a new job or learning about training opportunities that are available.

http://www.dol.gov/compliance/laws/comp-warn.htm
 
Originally Posted By: chiks
What about the WARN act?
It requires workers to be told about plant closures 60 days in advance.


Maybe you should read a little closer.

Quote:
The Worker Adjustment and Retraining Notification Act (WARN) protects workers, their families, and communities by requiring most employers with 100 or more employees to provide notification 60 calendar days in advance of plant closings and mass layoffs.


http://www.dol.gov/compliance/laws/comp-warn.htm
Most restaurants do not have 100 or more employees.

Not to mention:
Quote:
Generally, WARN covers employers with 100 or more employees, not counting those who have worked less than six months in the last 12 months and those who work an average of less than 20 hours a week.


Restaurants tend to have a high turnover rate and also tend to hire many part time employees.
 
Last edited:
Originally Posted By: javacontour

But to hear him talk sometimes, he says it's not fair. How corporations are greedy, etc.

The problem is, I see his attitude as just as greedy. Do the minimum possible to get by and have a place to live while sponging off his mom and me.

He is above average intelligence, I think he scored a 26 or 28 on the ACT. No physical problems, almost completed his black belt before he dropped out of the program for his first run at college.

How much of the problem is the attitudes of kids (and adults) like these who refuse to embrace the notion that life doesn't owe you anything but a swift kick in the backside if you simply try to slide through it?



I used to think, and somewhat act (for a smaller period in my life) exactly like your step son.

Believe me, when he's cold, hungry, out of answers as to why the world works the way it does, and he has to pay a few bills, reality will be that swift kick in the butt he needs. He'll either embrace it, or reality will suck for him later on.
 
Maybe in school he was taught to follow his dreams ?

Lots of young people feel if they are not doing their dream job then they wont work any job at all. Sad part is that I've met many immigrants that barely spoke any English that have more drive to succeed than many young adults what were born in the USA. Hopefully when his stomach is growling he will wake up....
 
Originally Posted By: oldmaninsc
Originally Posted By: chiks
What about the WARN act?
It requires workers to be told about plant closures 60 days in advance.


Maybe you should read a little closer.

Quote:
The Worker Adjustment and Retraining Notification Act (WARN) protects workers, their families, and communities by requiring most employers with 100 or more employees to provide notification 60 calendar days in advance of plant closings and mass layoffs.


http://www.dol.gov/compliance/laws/comp-warn.htm
Most restaurants do not have 100 or more employees.

Not to mention:
Quote:
Generally, WARN covers employers with 100 or more employees, not counting those who have worked less than six months in the last 12 months and those who work an average of less than 20 hours a week.


Restaurants tend to have a high turnover rate and also tend to hire many part time employees.


Yes. I should have read closer.
But I guess you should have also read the OP post closer.

This is a national restaurant chain, like Cracker Barrels.
I am sure they have more than 100 workers.
 
The business is simply taking advantage of the current labor market for their benefit.

They would be paid if the labor market was more normal.

Not a quality business in my view.
 
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