Celebrating 10 years! 2007-2017

Is this legal?

I don't know much about employment law but a friend who work david6198311/24/18
No it’s not. He should contact an employment lawyer dingbat11/24/18
Commission is one thing- take it or quit. The bathroom poli 2ski11/24/18
That bathroom policy is draconian...I don’t know employmen irishlaw11/24/18
My initial thought is that's illegal; definitely the docking cranky11/24/18
If it’s an at-will relationship, paying at least minimum w brokelawyer11/24/18
actually, most states have labor laws that require minimal a dingbat11/25/18
NJ. david6198311/24/18
What state is he in? Although the Feds/FLSA don't prohibit wutwutwut11/24/18
That sounds illegal to tell an employee what the pay is, but cranky11/24/18
1. §785.18 Rest. Rest periods of short duration, runni triplesix11/24/18
In NJ, you basically get 1 hour "break" for every 7 hours wo patenttrollnj11/25/18
david61983 (Nov 24, 2018 - 9:55 am)

I don't know much about employment law but a friend who works for an insurance company said his company is imposing some ridiculous policies and wanted to know if they're legal. First, his company is now requiring employees to clock out and use vacation for bathroom breaks. So if he has to go take a leak and takes 2 minutes he has to use 2 minutes of PTO.

Second, he's paid about $20/hour. However said company will modify his wage if they don't think he's productive enough. So if he completes 15 tasks in an hour but the employer believes he should've been able to do 20 they will only pay him $15 for that hour. Is any of this legal?

Reply
dingbat (Nov 24, 2018 - 12:58 pm)

No it’s not. He should contact an employment lawyer

Reply
2ski (Nov 24, 2018 - 2:16 pm)

Commission is one thing- take it or quit. The bathroom policy me thinks that in the long run the company are going to have much larger 'revenge' issues haunting them. .. missing files, wrong dates, ..

Reply
irishlaw (Nov 24, 2018 - 3:16 pm)

That bathroom policy is draconian...I don’t know employment law but I can’t believe that’s legal.

Reply
cranky (Nov 24, 2018 - 3:36 pm)

My initial thought is that's illegal; definitely the docking of pay if the employer thinks it wasn't done fast enough. What state is the friend in?

Reply
brokelawyer (Nov 24, 2018 - 4:18 pm)

If it’s an at-will relationship, paying at least minimum wage etc... it’s probably legal. Sadly, it’s not against the law for a job to absolutely suck.

Reply
dingbat (Nov 25, 2018 - 12:58 pm)

actually, most states have labor laws that require minimal amounts of breaks.

Reply
david61983 (Nov 24, 2018 - 5:27 pm)

NJ.

Reply
wutwutwut (Nov 24, 2018 - 7:43 pm)

What state is he in? Although the Feds/FLSA don't prohibit unpaid breaks, which is what your first thing amounts to, a fair number of states do.

The rug-yanking exercise on the pay scale seems problematic unless he signed on for it.

Reply
cranky (Nov 24, 2018 - 8:03 pm)

That sounds illegal to tell an employee what the pay is, but then later pay them less. Anyway, here's a NJ employment lawyer who might be good:
https://www.greensavits.com/attorneys/glen-d-savits

Reply
triplesix (Nov 24, 2018 - 9:11 pm)

1. §785.18 Rest.

Rest periods of short duration, running from 5 minutes to about 20 minutes, are common in industry. They promote the efficiency of the employee and are customarily paid for as working time. They must be counted as hours worked. Compensable time of rest periods may not be offset against other working time such as compensable waiting time or on-call time. (Mitchell v. Greinetz, 235 F. 2d 621, 13 W.H. Cases 3 (C.A. 10, 1956); Ballard v. Consolidated Steel Corp., Ltd., 61 F. Supp. 996 (S.D. Cal. 1945))

2. They can't dock it below min wage under federal law. check nj regs to figure out if there are further restrictions.

No 2 requires real legal analysis. The administration of this "program" will likely violate laws since idiots gonna be doing it.

Friend can start building the case now.

Something to keep in mind is that fed labor Dept. Is gonna be useless under Trump admin.

Reply
patenttrollnj (Nov 25, 2018 - 2:59 pm)

In NJ, you basically get 1 hour "break" for every 7 hours working. This is what constitutes the 8 hour workday for an employee receiving a salary (and not per diem). So, if true, that would not be allowed.

The second part of the policy may, in fact, be legal, but it depends how they determine how an employee is being productive. It can't be some arbitrary thing.

I'm sure someone will file a complaint, and you'll have state inspectors showing-up at your workplace soon.

Reply
Post a message in this thread