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corporate taking photos of me during work without asking and sending it to the VP

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akubi

Junior Member
What is the name of your state? California

So I'm currently out of school for the summer and also work part time as a waitress at a restaurant. Our uniforms used to be a black t-shirt paired with black pants, black socks, an apron, and black shoes. When I first signed up with them, this was the uniform and they have clear photos and examples of what an ideal employee at this restaurant would look like.

But recently they updated the uniform to a long sleeved flannel plaid shirt, a sleeveless shirt underneath, black pants, black socks, an apron, and black shoes. When this change was made, they didn't really give us any guidelines or photos of how to wear it so I just liked buttoning up the shirt and putting my apron over it so that it doesn't get caught on any furniture or dip into any unwanted sauces. I had been wearing it like this for the longest time because it looked neat, clean, and professional. Today, when I arrived for my shift, there were members from corporate today sitting in the restaurant just talking amongst themselves. I begin busing tables and taking orders.

A few minutes later, my boss pulls me aside and tells me that my uniform is incorrectly put on. She informs me that one of the members on that corporate table took a photo of me and sent it to the vice president of the company who then told my boss. I don't understand why they had to go in this big circle and didn't speak to me or my boss directly. I also don't like the fact that they took a candid photo of me without my permission or knowledge.

When I signed my contract to start work there, there was mention that we might be recorded on video camera. I've researched a little about employers taking photos and usually it is for identification purposes or to catch a suspected employee of committing an illegal act. This was neither of those. But was it right of corporate to just start taking photos of employees without them knowing and sending it to other people? Is there any rule or code protecting me from this?
 
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FlyingRon

Senior Member
You've got no claim. Employers are not banned from photographing employees except possibly in places where one might expect privacy (locker rooms, toilets). It might have been a different story if they disseminated the image outside the company, but even then you're on shaky ground.
 

justalayman

Senior Member
It sounds like the boss and the bosses boss didn't know how the uniform was intended to be worn either or they thought your way looked better than what was intended so they asked the big boss his opinion.

I wouldn't be too worked up about the picture taking. You typically have no expectation of privacy when you are in a location that is exposed to the general public
 

Silverplum

Senior Member
What is the name of your state? California

So I'm currently out of school for the summer and also work part time as a waitress at a restaurant. Our uniforms used to be a black t-shirt paired with black pants, black socks, an apron, and black shoes. When I first signed up with them, this was the uniform and they have clear photos and examples of what an ideal employee at this restaurant would look like.

But recently they updated the uniform to a long sleeved flannel plaid shirt, a sleeveless shirt underneath, black pants, black socks, an apron, and black shoes. When this change was made, they didn't really give us any guidelines or photos of how to wear it so I just liked buttoning up the shirt and putting my apron over it so that it doesn't get caught on any furniture or dip into any unwanted sauces. I had been wearing it like this for the longest time because it looked neat, clean, and professional. Today, when I arrived for my shift, there were members from corporate today sitting in the restaurant just talking amongst themselves. I begin busing tables and taking orders.

A few minutes later, my boss pulls me aside and tells me that my uniform is incorrectly put on. She informs me that one of the members on that corporate table took a photo of me and sent it to the vice president of the company who then told my boss. I don't understand why they had to go in this big circle and didn't speak to me or my boss directly. I also don't like the fact that they took a candid photo of me without my permission or knowledge.

When I signed my contract to start work there, there was mention that we might be recorded on video camera. I've researched a little about employers taking photos and usually it is for identification purposes or to catch a suspected employee of committing an illegal act. This was neither of those. But was it right of corporate to just start taking photos of employees without them knowing and sending it to other people? Is there any rule or code protecting me from this?
You're a part-time waitress. They're Corporate. Your image at work is THEIR image. How you present yourself at work IS their business, literally.

Why are you so touchy, part-time waitress?
 

akubi

Junior Member
You're a part-time waitress. They're Corporate. Your image at work is THEIR image. How you present yourself at work IS their business, literally.

Why are you so touchy, part-time waitress?
This is my first time as a waitress- I'm not aware of all the legalities so I just thought I would double check.

There's really more to the story...
This company has already been late on my paycheck once (over a week late). The manager of the restaurant did nothing until I e-mailed corporate and brought up California labor code section 204.

The manager has used my private number to ask me out on multiple dates which I often turned down or made excuses. I only gave it to him so that I could get my friend a job and he didn't have a phone at the time.

The vice president keeps stacking on more responsibilities for waitresses to take on at closing while requiring us to clock out at 11pm (and we close at 10 but customers sometimes stay up till 10:30). He's basically asking us to work for free because they don't want to pay for overtime.

So I'm sorry if I'm coming off a little "touchy".
 
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eerelations

Senior Member
This is my first time as a waitress- I'm not aware of all the legalities so I just thought I would double check.

There's really more to the story...
This company has already been late on my paycheck once (over a week late). The manager of the restaurant did nothing until I e-mailed corporate and brought up California labor code section 204.

The manager has used my private number to ask me out on multiple dates which I often turned down or made excuses. I only gave it to him so that I could get my friend a job and he didn't have a phone at the time.

The vice president keeps stacking on more responsibilities for waitresses to take on at closing while requiring us to clock out at 11pm (and we close at 10 but customers sometimes stay up till 10:30). He's basically asking us to work for free because they don't want to pay for overtime.

So I'm sorry if I'm coming off a little "touchy".
Wow. All this is going on and the only part that's actually bothering you is that someone took your picture at work and sent it to corporate? That's more than a little touchy! :rolleyes:
 

cbg

I'm a Northern Girl
While I agree that you've got nothing with regards to the photo, in your last post I'm seeing some issues you may want to address. However, I don't have time to go through them with you now. If I don't get back to you later this evening, PM me to remind me.
 

Zigner

Senior Member, Non-Attorney
The vice president keeps stacking on more responsibilities for waitresses to take on at closing while requiring us to clock out at 11pm (and we close at 10 but customers sometimes stay up till 10:30). He's basically asking us to work for free because they don't want to pay for overtime.
Your post isn't exactly clear. If you close at 10 and clock out at 11, are you still working even AFTER you clock out?
 

cbg

I'm a Northern Girl
If you are working and not getting paid for the time, you have the right under the law to file a wage claim with your state DOL.

It's unclear whether your manager asking you out is an issue. (Using your personal number is not an issue.) It might be nothing or it might be the beginnings of a sexual harassment issue. Do you want to provide more detail? (You don't have to - or you can PM me privately if you prefer.)
 

akubi

Junior Member
Your post isn't exactly clear. If you close at 10 and clock out at 11, are you still working even AFTER you clock out?
We close at 10pm but sometimes customers come in at the last minute and we can't start officially closing responsibilities (sweeping, moping, throwing out the trash) until the last customer leaves which could be 10:30pm at the latest. If all customers have left by 10pm sharp, closing procedures would take about an hour. But on the days that we are busy, and in the case that the last customer leaves by 10:30, they are asking us to do an entire hour's work in half an hour.

My boss approached me one day and said that corporate was noticing that people were clocking out a little "late" (11:30pm) and said that we need to clean faster so that we finish at 11 pm. But there are many days that that is impossible. It isn't that they aren't paying us for the work, they would prefer not to have to pay the price for us finishing the all the tasks and doing it right. Even with these new rules and closing times, the vice president still insists on including new tasks for us to do at closing which prolongs the process. I stay clocked in until I finish everything. However, there are other waitresses that will clock out at 11pm and continue working.
 
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eerelations

Senior Member
If you're clocking out when you finish work and you're being paid up until the time you're clocked out, then you don't have a wage violation issue. It's perfectly legal for your boss to nag you to work faster, and perfectly legal for corporate to add duties to your area - as long as you're getting paid for all the time you work.

If other servers are clocking out early and working after they clock out, that's their problem, not yours. Either they continue what they're doing, or they start clocking our when they've actually finished their work. If the latter, and they're not being paid for the extra time, they are legally free to file a wage claim with the CA DLSE.
 

cbg

I'm a Northern Girl
After reading the PM you sent me, I think the only thing you have at this point is any time you're not being paid for. I'm not going to say that you may not have something in the future, but your description of the events does not lend itself to any kind of harassment or discrimination claim at the present time. Nor is the picture that was taken against any laws.

But you cannot be required to work without pay.
 

commentator

Senior Member
You are wise to figure all this stuff out with the beginning of your work life. Bad employers are all over the place, and the lower down you are in the pecking order (waitress dealing with small time ass. managers for example) the more of the workplace drama and drivel you have to deal with. The important thing for you to learn, right away, is that the only enforceable labor law that really applies is the one about having to pay you at least minimum wage for all the hours you actually work, and then in your state, there's a little extra about having to pay in a timely manner.

But even if the other girls are dumb enough to work off the clock, as the manager is ordering them to do, that doesn't mean you have to. He has the recourse of firing you, or firing them, but I doubt if he'd do that. He'll just be perfectly willing to demand that you do it, talk mean to you, threaten you, and in other words, verbally harass you. Actually, this isn't illegal, and there are no laws that prohibit him from doing this. There is nothing in any labor law that says employees must be treated respectfully, fairly or nicely. They do about as much of it as they feel like doing and that the employees will put up with. And most employees, especially young inexperienced ones, will put up with an awful lot, thinking that being "fired!" would be a terrible terrible thing. It isn't, really. Call his bluff. He's a bully, and he's getting paid and rewarded to bully you and the rest of his staff to get as much work out of you as he possibly can as cheaply as possible.

Either you should move on, find another job to go to for the summer, or be prepared to put up with and deal with all this mess all summer long.
 

akubi

Junior Member
You are wise to figure all this stuff out with the beginning of your work life. Bad employers are all over the place, and the lower down you are in the pecking order (waitress dealing with small time ass. managers for example) the more of the workplace drama and drivel you have to deal with. The important thing for you to learn, right away, is that the only enforceable labor law that really applies is the one about having to pay you at least minimum wage for all the hours you actually work, and then in your state, there's a little extra about having to pay in a timely manner.

But even if the other girls are dumb enough to work off the clock, as the manager is ordering them to do, that doesn't mean you have to. He has the recourse of firing you, or firing them, but I doubt if he'd do that. He'll just be perfectly willing to demand that you do it, talk mean to you, threaten you, and in other words, verbally harass you. Actually, this isn't illegal, and there are no laws that prohibit him from doing this. There is nothing in any labor law that says employees must be treated respectfully, fairly or nicely. They do about as much of it as they feel like doing and that the employees will put up with. And most employees, especially young inexperienced ones, will put up with an awful lot, thinking that being "fired!" would be a terrible terrible thing. It isn't, really. Call his bluff. He's a bully, and he's getting paid and rewarded to bully you and the rest of his staff to get as much work out of you as he possibly can as cheaply as possible.

Either you should move on, find another job to go to for the summer, or be prepared to put up with and deal with all this mess all summer long.
Thanks for all the solid advice. Even if I can't raise a case, this has been extremely helpful and informative.

5 out of 7 servers are quitting by the end of this month and you can't be a manager if there is no one to manage. Being fired is the least of my worries.

I know a toxic environment when I see one and I've given my two weeks notice.
 

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