What kind of discrimination is this and what should we do?

[D2pinnk]

Hi,

Me and my coworker is the youngest employees in our company. Both of us working in accounting department and now we feel discriminated and below are some of the situations we have:

1. We have 5-6 non exempt employees in the company and are required to pouch time clock in/out when we start/off work. However, in the beginning of May me and my coworker was instructed that we have to pouch time clock when we take our 1 hour lunch break, while the other non exempt employees don't need to. The excuse HR using is this new lunch time policy started from accounting dept and then will be applied to the whole company. We believed what they said and now 2 months passed, nothing happened. We are still the only 2 employees that need to pouch time when we take lunch break.

2. My coworker was asked to stay late to attend an meeting on every Wednesday. However, they don't want to give her overtime so they forced her to come late in order to stay late, while the other non exempt employees was approved to get overtime pay. They even threaten her that if she doesn't attend the meeting, she will be demoted to part-time employee.

I personally feel this is some kind of age discrimination in our company because HR don't ask older employees to follow what they said. However, I tried to complain to Labor Commissioner�s Office, they said they can't handle it and let me contact DFEH at 800-884-1684. Then the answer they gave me was we can only find the attorney to solve this problem because we are below age 40.

Is there any other solution you can advice?

Edit: I am from CA. I am sorry that I didn't mention it in the beginning.

 

[tranquility]

It does not seem to be illegal discrimination in any way. There is a potential of a wage issue depending on the actual facts. Especially with the staying late for a meeting without being paid overtime.

 

[cbg]

At the Federal level, age discrimination begins at 40. If you are under the age of 40, then by definition it is not illegal age discrimination. Since the phone number you list is for CA, I assume (though you did not post your state as requested) that you are in CA? If so, you are SOL because age discrimination in CA also begins at 40. So you've got nothing as far as that goes.

It is 100% legal in every state to require an employee to adjust their hours so that they do not go into an overtime status.

 

[D2pinnk]

It does not seem to be illegal discrimination in any way. There is a potential of a wage issue depending on the actual facts. Especially with the staying late for a meeting without being paid overtime.

Thanks for the advice. If this is not illegal discrimination, can it be classified as double standard? And is there a way to file a complaint?

At the Federal level, age discrimination begins at 40. If you are under the age of 40, then by definition it is not illegal age discrimination. Since the phone number you list is for CA, I assume (though you did not post your state as requested) that you are in CA? If so, you are SOL because age discrimination in CA also begins at 40. So you've got nothing as far as that goes.

It is 100% legal in every state to require an employee to adjust their hours so that they do not go into an overtime status.

Thank you for the advice and location reminder. As above, can our situation be classified as victim of double standard? And is there a way to complain?

 

[cbg]

There is NO legal action you can take. No laws are being broken. No illegal discrimination is taking place. Double standards are not inherently illegal. You can complain all you like to anyone you want but no one has to pay the slightest bit of attention.

 

[commentator]

You ask what kind of discrimination this is, and the answer is, 'The kind that isn't illegal.' Yes, the employer sounds as though they are giving you and your young co worker a hard time. But now you understand that there are not many rights and protections for you in the work place. They have the option to fire at will. They will always discriminate in some ways, most of which are not illegal for them to do. The options you have are to stay and work with it, eventually maybe prove yourselves to them and maybe then they will let up on you two young ones, or to quit this job and find one that you like better, where you are not treated so strictly because of your perceived youth and possible unreliability.

But you won't find out any younger that many employers consider young employees unreliable and likely to abuse their lunches, claim too much overtime, etc. So as long as they follow the federal and state laws governing such, if they want to, they can ask you to do just about anything that isn't dangerous or illegal in regard to signing in, clocking in, coming in early or late, etc. even if they are not asking their other employees to do it. Your option is to find another job, not sue them.

 

[D2pinnk]

There is NO legal action you can take. No laws are being broken. No illegal discrimination is taking place. Double standards are not inherently illegal. You can complain all you like to anyone you want but no one has to pay the slightest bit of attention.

You ask what kind of discrimination this is, and the answer is, 'The kind that isn't illegal.' Yes, the employer sounds as though they are giving you and your young co worker a hard time. But now you understand that there are not many rights and protections for you in the work place. They have the option to fire at will. They will always discriminate in some ways, most of which are not illegal for them to do. The options you have are to stay and work with it, eventually maybe prove yourselves to them and maybe then they will let up on you two young ones, or to quit this job and find one that you like better, where you are not treated so strictly because of your perceived youth and possible unreliability.

But you won't find out any younger that many employers consider young employees unreliable and likely to abuse their lunches, claim too much overtime, etc. So as long as they follow the federal and state laws governing such, if they want to, they can ask you to do just about anything that isn't dangerous or illegal in regard to signing in, clocking in, coming in early or late, etc. even if they are not asking their other employees to do it. Your option is to find another job, not sue them.

Got it. Thanks for the advice and I think finding a new job probably the best way to solve this situation then.