Forced charity work?

[pattytx]

However, since opinion letters are only binding on the company that requested them, what difference does it make? We have no idea if the circumstances are EXACTLY the same in both situations.

OP, would it kill you to feed breakfast to poor children?

BTW, I work for a large city government and we are expected to volunteer our services, both on our work time AND on our off time. Painting schools, cleaning up parks and neighborhoods, etc. Personally, I'd rather feed hungry kids than paint a school.

 

[sperts]

However, since opinion letters are only binding on the company that requested them, what difference does it make? We have no idea if the circumstances are EXACTLY the same in both situations.

OP, would it kill you to feed breakfast to poor children?

BTW, I work for a large city government and we are expected to volunteer our services, both on our work time AND on our off time. Painting schools, cleaning up parks and neighborhoods, etc. Personally, I'd rather feed hungry kids than paint a school.

volunteering should never be mandatory(misnomer)

 

[mitousmom]

Pattytx:

The opinion letter provides DOL's policy. I'm not sure the typical prudent employer, faced with the opinion letter, would respond as cavalierly as you did. I doubt it would want the alternative: DOL conducting an inquiry to determine the employer's practices and issuing a specific ruling.

This society believes that employees should be paid for work required by an employer. Employers forcing people to work without paying them is contrary to our value system. Taken to its extreme, it's a form of slavery.

I believe individuals should do charity and volunteer work because it is good for the "soul," not to get a raise. That sort of defeats the purpose of the allegedly "good deed."

PS. Although I'm a lover of jazz music, I'm not sure volunteering at the company tent at a jazz festivial is my idea of a good deed.

 

[BelizeBreeze]

volunteering should never be mandatory(misnomer)

It isn't MANDATORY in this post.

 

[Wartrace]

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?

Yes, anything over 40 hours a week I get overtime. Some of the employees on the 8 hour shift are excempt, some are not (depending on their paygrade).

 

[mitousmom]

If you perform the approved community service work on your own time, after a forty hour week, put in for overtime pay. If it's denied, contact DOL.

 

[BelizeBreeze]

If you perform the approved community service work on your own time, after a forty hour week, put in for overtime pay. If it's denied, contact DOL.

Dense as always....

Please post any corporate communications fom the poster's company REQUIRING such community service.

I'll wait....zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz

 

[steveatx]

OP, why not just print out the letter and see what your boss has to say instead of spinning your wheels on this forum?

 

[turbowray]

mitousmom

heres what i see,if a job says you have to go to this place to keep your job,it would be them making him work overtime,here they are saying,if you do this work off the clock,you will get this raise,which they can do and override the overtime rule because it is not for his job,it is for a raise,i dont think he would get any help if he called who you told him to call...my work did the same thing and 4000 people did just that,what they asked and got this raise,no one filed for overtime out of 4000 people so i would figure that the job wasnt obligated to pay it,after all it is a choice they are giving him...a choice to get a raise not a choice to keep or loose his job if he does or doesnt do this,which would mean it is mandatory.

 

[mitousmom]

I'm simply posted what I understood was DOL's opinion on charity work. If folks want to do the charity/volunteer work an employer requires for a raise, nobody's going to stop them. However, if they don't think they should have to do so, and they are non-exempt under the FLSA, they can contact DOL who will make the employer pay them for the time spent during the charity/volunteer work. It's quite simply the law, like it or not. I, for one, prefer to determine what I do on my own time and the charities I choose to support. Quite frankly, it's none of my employer's business.

 

[Rose]

Quote: It isn't MANDATORY in this post.
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According to the employer it IS mandatory IF he wants a raise.

Also, how many times do you think he will be able to not reach "Meets Expectations" before he is released for under performance?

If he "Meets Expectations", he'll get a raise, but he must perform mandatory (company mandated) community service (unpaid volunteer work).

If he refuses, he "Does Not Meet Expectations", he does not get a raise and could, eventually lose his job.

 

[BelizeBreeze]

Quote: It isn't MANDATORY in this post.
------------------------------------------------------------------------
According to the employer it IS mandatory IF he wants a raise.

Also, how many times do you think he will be able to not reach "Meets Expectations" before he is released for under performance?

If he "Meets Expectations", he'll get a raise, but he must perform mandatory (company mandated) community service (unpaid volunteer work).

If he refuses, he "Does Not Meet Expectations", he does not get a raise and could, eventually lose his job.

And like all those who post here without an inkling of employment law, post here any statute from the poster's state which REQUIRES the employee to do such volunteer work and any statute which makes it ILLEGAL to suggest that such outside volunteer work will be the basis for a promotion decision.

 

[Happy Trails]

Wow!

Good luck Breezy!

 

[mitousmom]

Post here any statute from the poster's state which REQUIRES the employee to do such volunteer work and any statute which makes it ILLEGAL to suggest that such outside volunteer work will be the basis for a promotion decision.

As usual, you fail to grasp the significant point. It's not a question of state law; it's federal law. If the employer requires a non-exempt employee to perform volunteer/charity work on the employee's own time, the employer is required to pay the employee overtime under the FLSA. It's as simple as that. The employer can direct the employee to do "volunteer" work on company time; however, then the work is not voluntary; it is a part of the employee's job for which the employer pays the employee.

BB, I don't know how to make it any simpler for you. If you wish to persist, you should post a statute, law, regulations, court decision, etc. to support your view. I'm not sure what purpose this protracted discussion serves, except to show the foibles of some of the posters. I hope the OP consults with DOL if he's uncertain of how to proceed.

 

[BelizeBreeze]

As usual, you fail to grasp the significant point. It's not a question of state law; it's federal law. If the employer requires a non-exempt employee to perform volunteer/charity work on the employee's own time, the employer is required to pay the employee overtime under the FLSA. It's as simple as that. The employer can direct the employee to do "volunteer" work on company time; however, then the work is not voluntary; it is a part of the employee's job for which the employer pays the employee.

BB, I don't know how to make it any simpler for you. If you wish to persist, you should post a statute, law, regulations, court decision, etc. to support your view. I'm not sure what purpose this protracted discussion serves, except to show the foibles of some of the posters. I hope the OP consults with DOL if he's uncertain of how to proceed.

and YOU have no idea of what you speak. Again, for the ignorant among us (get the point?) the mere suggestion that outside charity work will be considered in promotion and raise discussion (AS POSTED IN THIS FORUM) is not under the purvue of the DOL.

Now learn something for a change.