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Forced charity work?

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Wartrace

Member
What is the name of your state?
Tennessee.

I was told that a portion of my performance review would be based on community service. I would be expected to serve breakfast to local grade school students or work the company tent at a jazz festival.
The review determines if you get a raise or not.
I asked if I could do community service in my own community but was told I have to do a "company approved" service.
I work 12 hour shifts and they expect me to do this on my off days. People that work the 8 hour shift m-f are allowed to do their "service" on the clock.
I work at a tire factory in a staff position- are they able to require me to work on their charity projects on my off days without pay?
 


cbg

I'm a Northern Girl
Technically, they're not forcing you to do anything. You have a choice. You can do the charity work, and get a raise. Or, you can not do the work, and not get a raise.

They do not owe you a raise under the law. Unless you have a bona fide contract that says otherwise or if you are working at exactly minimum wage and m/w is raised by the appropriate legislative body, they do not ever have to give you a raise under the law.

They have laid out the circumstances under which a raise will be offered. It's your choice to accept them or not. If you want the raise, you do the charity work. If you don't care if you get a raise or not, you're free to decline.
 

HomeGuru

Senior Member
Wartrace said:
What is the name of your state?
Tennessee.

I was told that a portion of my performance review would be based on community service. I would be expected to serve breakfast to local grade school students or work the company tent at a jazz festival.
The review determines if you get a raise or not.
I asked if I could do community service in my own community but was told I have to do a "company approved" service.
I work 12 hour shifts and they expect me to do this on my off days. People that work the 8 hour shift m-f are allowed to do their "service" on the clock.
I work at a tire factory in a staff position- are they able to require me to work on their charity projects on my off days without pay?

**A: jazz is cool.
 

BelizeBreeze

Senior Member
Wartrace said:
What is the name of your state?
Tennessee.

I was told that a portion of my performance review would be based on community service. I would be expected to serve breakfast to local grade school students or work the company tent at a jazz festival.?
That's disgusting!!!!!! Serving breakfast to children....MY GOD!!!!

:rolleyes:
 

HomeGuru

Senior Member
BelizeBreeze said:
That's disgusting!!!!!! Serving breakfast to children....MY GOD!!!!

:rolleyes:
**A: but what if the breakfast meat that day is pork sausages and the writer is Jewish.
 

mitousmom

Member
Wartrace:

Is your company required to pay you overtime when you work beyond your work schedule? Is your position considered exempt or non-exempt under the FLSA? Are the positions of the employees working on the 8 hour shift m-f considered exempt or non-exempt? Are their positions considered staff?
 

eerelations

Senior Member
mitousmom, I don't think the direction you're headed in applies here. The OP is not saying his company is making him do unpaid charity work no matter what, he's saying that his company will give him a pay raise IF he does unpaid charity work. Even if his job is non-exempt, I don't think the company's obliged to pay him for the time spent doing the charity work under these circumstances (as a previous respondent has already said).
 

BelizeBreeze

Senior Member
mitousmom said:
Wartrace:

Is your company required to pay you overtime when you work beyond your work schedule? Is your position considered exempt or non-exempt under the FLSA? Are the positions of the employees working on the 8 hour shift m-f considered exempt or non-exempt? Are their positions considered staff?
Another foot in mouth response from the legally inept.

The fact is, this poster isn't REQUIRED to do the extra charity work. The poster was advised that a portion of her performance review will take into account the charity work performed by each employee and that review would determine whether or not a raise was given.

There is absolutely nothing illegal in the practice. :rolleyes:
 

mitousmom

Member
BB & EE, you both miss the relevant point and I'm not going to try to educate you.

My suggestion to the poster is that if your position is nonexempt and your employer requires you to perform overtime work without pay to be considered for a raise, contact the Wage & Hour Division of the federal Department of Labor for further information and guidance.
 

Wartrace

Member
Interesting responses so far.
One issue is the m-f 8 hour shift people with the same status as myself are doing their "community service" on the clock. I will be forced to do mine off the clock. I work 12 hour shifts in a job that effects production, the other people work in support jobs. No difference in exempt/nonexempt.

The second issue is company approved service. How is working the company tent at a jazz festival "community service"? Is it really a service to our community that I drive an 80 mile round trip and serve breakfast to schoolchildren that receive subsidized breakfasts at the "company approved" school? What about the local children?
This is what I do for charity. I donate to the spay and neuter clinic in my county. I volunteer at the local animal shelter. I try to find homes for dogs in the shelter. I donate to the united way, I give blood to the red cross. I do this because I believe its the right thing to do.
Now I have to work the company tent at the jazz-fest to prove I have community spirit?
 

cbg

I'm a Northern Girl
I stand by my answer. If the employer were saying, go work this particular charity event at this particular time and at this particular place or you're fired, I'd maybe agree that this was unpaid overtime. But in this case the charity work is suggested, not required. Failure to participate will not result in loss of employment. It will be taken into consideration when evaluations or raises are given, but it is not mandatory - it is optional at the choice of the employee.
 

HomeGuru

Senior Member
cbg said:
I stand by my answer. If the employer were saying, go work this particular charity event at this particular time and at this particular place or you're fired, I'd maybe agree that this was unpaid overtime. But in this case the charity work is suggested, not required. Failure to participate will not result in loss of employment. It will be taken into consideration when evaluations or raises are given, but it is not mandatory - it is optional at the choice of the employee.

**A: I agree. Many companies encourage community service and an employee particpating in such is considered a well rounded "whole" employee.
 

BelizeBreeze

Senior Member
mitousmom said:
BB & EE, you both miss the relevant point and I'm not going to try to educate you.

My suggestion to the poster is that if your position is nonexempt and your employer requires you to perform overtime work without pay to be considered for a raise, contact the Wage & Hour Division of the federal Department of Labor for further information and guidance.
You are still a fool without any relevant LEGAL knowledge.

Now, if you'd like to contridict that, post here the exact State Statute or Federal DOL rule which would allow this poster to recover "SUGGESTED" volunteer work. :rolleyes:
 

BelizeBreeze

Senior Member
Wartrace said:
Interesting responses so far.
One issue is the m-f 8 hour shift people with the same status as myself are doing their "community service" on the clock. I will be forced to do mine off the clock. I work 12 hour shifts in a job that effects production, the other people work in support jobs. No difference in exempt/nonexempt.

The second issue is company approved service. How is working the company tent at a jazz festival "community service"? Is it really a service to our community that I drive an 80 mile round trip and serve breakfast to schoolchildren that receive subsidized breakfasts at the "company approved" school? What about the local children?
This is what I do for charity. I donate to the spay and neuter clinic in my county. I volunteer at the local animal shelter. I try to find homes for dogs in the shelter. I donate to the united way, I give blood to the red cross. I do this because I believe its the right thing to do.
Now I have to work the company tent at the jazz-fest to prove I have community spirit?
You have NEVER been told you HAVE to work the tent, the street corner or anything else. However, you also do not get to dictate to the company what criteria they use to promote other than federally mandated protected status, of which this issue is not.
 

mitousmom

Member
You all may want to take a look at www.dol.gov/esa/whd/opinion/FLSA/2006/2006_01_27_04_FLSA.htm.

Here's the pertinent part of ESA's opinion:

Therefore, we caution that volunteer activities _must be truly voluntary and any coercion or pressure, whether direct or indirect by the [employer] to participate in this program outside of [] duty hours would negate the voluntary nature of the program._ WH Opinion Letter January 29, 1999 (copy enclosed). As explained below, employers may encourage their employees to volunteer their services for public or charitable purposes outside of normal working hours without incurring an obligation to treat that time as hours worked so long as participation is optional and non-participation will not adversely affect working conditions or employment prospects.

Performance reviews and raises fall under working conditions and employment prospects.
 
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