Sent home with no pay, day-after-day

[Greg Hunter]

I'm in Illinois. I am required to be 'at work' at 8:30 AM, Monday thru Friday, and I am required to wear khaki slacks and a dress shirt (which i had to pruchase)...yet quite frequently I am simply sent home when I arrive (Couldn't they/shouldn't they just phone me and say 'we don't need you today')? Also, when they DO keep me to work on a given day, there are often other workers there doing exactly what i do, but they are NOT required to wear khaki slacks or dress shirts. They simply wear jeans and non dress shirts. When i asked about each of these matters, Human Resources did not give me any answer(s) that addressed my questions, and they were quite rude to me and very threatoning. Isn't there SOMETHING i can do about this? Or is this just a valid legal way for them to 'do business' and mistreat loyal employees?

 

[Beth3]

Yes, they can send you home day after day. Yes, they can make you and only you dress nicely. The only legal question here is whether they have to pay you and that depends whether you are in an exempt or non-exempt (hourly paid) position. I'm going to guess the latter, in which case you need only be paid for the time you actually work.

Isn't there SOMETHING i can do about this? Yes. You can find a new job elsewhere with hours and working conditions that are steady and more to your liking.

Or is this just a valid legal way for them to 'do business' and mistreat loyal employees? Well, it's legal. Whether it's a smart way to do business depends entirely on information you haven't provided. At the very least, I expect this employer can count on a fairly high degree of employee turnover. Depending on what kind of business they're in and how complex the jobs are, that may not matter much however.

 

[pattytx]

If they are sending you home due to no work (not because you are improperly attired), they may have to pay a minimum number of hours known as "show-up pay".

I searched the IL DOL website, but couldn't find any reference to it, but that doesn't mean it doesn't exist. You can inquire with the IL Dept. of Labor to find out if show-up pay is required for nonexempt employees.

 

[cbg]

I'm about 98% certain that IL does not have any reporting pay law, but as Patty says the DOL will be able to say for certain.

 

[SuzieWahoozie]

I'm not the DOL, but I am an HR pro in IL...IL has no reporting pay law.

 

[pattytx]

Thanks, Suz. I found the IL DOL website very difficult to find anything on (in?).