Seasonal Employment Issues

[AEStos]

What is the name of your state (only U.S. law)? Tennessee

I was recently employed at a new business in Hohenwald, TN, called "The Torture Factory". Basically a PG-13/R-rated haunted house. I started working there October 9. I had been informed by someone else working there that they were short on workers, so I showed up, I was contracted in, and since then, I have worked on the days of the 9th, 10th, 16th, 17th, 23rd, 24th, 29th, 30th, and 31st of October. I did as I was instructed, and performed my duties adequately, according to my employer. He and I got along very well until the end of the last night.

I was told by the staff member who had me sign a contract that I was going to be paid $25 per night, working from hours 6:00 pm-11:00 pm, 6-12 on the 30th and 31st. Every other employee there that I had conversed with about this, including the one who recruited me, was under this impression, as well. But on the closing night, when I asked for verification on this, I was informed first by a staff member (whether or not it was the same one, I can not recall), and then my employer that I was to be paid $20 for each night except for the 30th and 31st, for which I would be paid $25 each. I informed him of what I had been told, and the staff member referred me to the employee handbook, which made a minute reference to this. It was basically using an example of an employee complaining. Something like, "Well, if I'm only making $20-25 a night, why should I work so hard?" I will post the entire section when I locate the copy which I was provided.

After I expressed my concerns and slight disdain, he told me that at the beginning of the haunted house, which had started at the end of September, there had been a meeting with the employees then, and basically said that it was my fault for not having been there, and that it wasn't his responsibility for my ignorance, nor had it been his responsibility to discuss this, since I came in a couple weeks later, despite the fact that I had been informed by a staff member, and made off-hand comments about this(in a grateful and enthusiastic manner).

Now, I also tried to tell him that I wanted to do my own taxes through a 1099 form, since I had work earlier in the year from which I had accumulated a large amount of deductions, but he remained adamant, and I completed the W4 form.

As I was leaving, I wrote down a few notes on my grievances and what happened, since it was sometime well past 1:00 am at this point. He must have seen me, and as I was entering my vehicle, he called for me and began lecturing me on what happened. He made it clear that he didn't want me back(which I had no intentions of to begin with), and that what he was doing wasn't illegal, and about my note taking. I also had apparently had been "complaining" to my fellow employees, as well, but the only short comment I remember making is about how I've worked for people I like, and people I don't like, but they were always up front about the wages, and how and when they were paid. Take it as you will, but I was not using it to say anything about the guy's demeanor or personality, since I liked him a lot as a person(still do, just slightly less). He was, in my opinion, acting intimidating and slightly threatening, but one must also take note both individuals lack of sleep, so, being honest with myself, I won't go too much into this. "Tennessee doesn't have any labor laws, and there isn't any minimum wage for seasonal work on the federal laws." I can not recall exactly what he said, but I know that the first part is word for word. He then said that I had been payed, and asked if I agreed. Being the time it was, and not wanting any more of a confrontation, I said, "Yes, I know that I've been payed."

Though it's doubtful this has any relevance, they had not informed anyone before hand how and when they were being payed, and gave me a (very) slightly difficult time after I was informed when I brought up my problem with it, due to the fact that I live about an hour away and would have no way of getting down there when they expected us to show up, but this has (hopefully) been dealt with, and I should be receiving a check in the mail within the next week.

Another fact is that the closing time on October 31st was supposed to be 12:00 am( or technically, on November 1st), but the hunted house remained open until 12:45, and we weren't let go until about 1:15 am. It did say in the employee handbook that we might remain open a little over normal times some nights, but the examples used were in the quantities of 10, 20, possibly 30 minutes. I will clarify once I locate my copy.

I just want to know if there's anything I can or should do.

[AEStos]

Here is the first excerpt from the handbook, the one supposedly implying at one's pay.

DON'T ASK...WE WON'T TELL YOU

On a busy night, it is not unusual for you to be busy scaring people for up to 5 hours at a time with just a short break thrown in somewhere during the night. At the end of a busy night, it is also not unusual for actors to ask questions...How Many People Did We Do Tonight?

All we can say about that is don't ask cause we won't tell you...and here's why.

Let's say it was a good night and we did 1,000 people. Well your busy little brains will get to thinking..."Let's see, 1,000 people at $10.00 per person...THAT'S $10,000...and I'm only getting paid 20-25 a night!!!"

(I might add that by the time I was working, the price had been raised to $13 per person, with no noticeable drop in customers, if not an increase. However, that is merely my observation from my position in the event. Not significantly relevant, though, just felt that should be mentioned.)

That's where the problems start...what most of you will fail to understand is that a show this size takes tens of thousands of dollars to get off the ground and then thousands more to keep it running. Of that $10,000 there is a better than even chance that NONE OF IT will be PROFIT.

We have to pay either mortgage or the rent on the building or site. Then there is the matter of electric, permits and taxes. Don't forget to throw in payroll, insurance. We have invested thousands of dollars in lumber, paint and building materials in general not to mention paying a crew to put the attraction up. We then needed to spend thousands more on the proprs and special effects that go into rooms we have designed.

Did we mention advertising? We have spent at the very least, low to mid five figures in advertising with out newspaper, radio, internet, posters and coupons.

Unless you are a partner in this show and have invested and risked your own money, you have no need and no right to know what the bottom line number is that we need to meet in order to break even...and unless you now that break even number(which you never will) the question of how many people we did tonight becomes meaningless. Besides, most of you have "real jobs" in the outside world. We would never think of asking you how much you make at those jobs. It's inappropriate and just plain rude. We won't ask you and in return expect that you don't ask us.

If anyone asks us how many people we did on any particular night, we will respond by asking you to please re-read this page. You are here to do a job not mind our business. Please show us the respect you show your regular employer and DON'T ASK CAUSE WE AIN'T TELLIN'!!!

This is word for word, including grammatical errors in the handbook. I checked it over.

I actually did not find anything stating times in the employee handbook, but I had been informed that on busy nights that we would sometimes go over due to groups already in the haunted house. However, they were still letting in groups well past closing time. Again, it was 12:45 AM before we were allowed to leave the set.

However, another entry that I do find highly relevant, especially considering my allergies, is one on smoking. I had read over it, but most of it didn't register for more than a couple hours because it had little relevance to my personal actions, due to the fact that I don't smoke. But I was sick after two of the weeks after working there with congestion in my sinuses and a sore throat(I attributed it to the cold, but smoking has never helped my health).

SMOKING... THIS IS A NON-SMOKING OPERATION AND FACILITY!!!!
There are a number of important reasons why:

1. Fire Marshals prohibit smoking in the attraction and are likely to fine any offenders.
2. The Clean Air Act...The law states that people have the right to breathe smoke free air.
3. If you're smoking, you're not scaring people and that's what you're here for.
4. As we mention in the above paragraph...MONSTER AND ZOMBIES DON'T SMOKE!!!! A Zombie who is hanging (illegible word, possibly the word "our"), is a Zombie who is definately out of character!!!!

Here at The Torture Factory, we maintain a "ZERO TOLERANCE" attitude towards smoking. Anyone caught smoking is endangering our customers, our employee and putting the entire attraction at risk. For these reasons anyone caught smoking will be terminated immediately with no warning or second chance given. Any customer caught smoking must be asked to extinguish the cigarette immediately, and that customer must be reported to management or security ASAP. Obviously this is an issue we take very seriously...and you should too!!!! If you can't go several hours without a cigarette, then perhaps this is not the job for you. Please consider this point carefully. Smoking is permitted during breaks, but you must be out of costume because we don't want you returning to work with your props and costume reeking of second hand smoke. This will only serve as a distraction to customers. Smoking must be done out of sight of the customer. This includes the customers who are waiting in line to get in. We will have Ghouls "working the line" outside. This helps set the tone for what customers will see on the inside. If customers see our Ghouls doing "human" things like eating or smoking it takes away from the experience they want to have once they get inside. Remember...our customers want to believe we are real...let's helps them to believe. All cigarette butts must be properly discarded. Don't throw them on the ground as it creates an unsightly mess.

Now, I'm just going to have to say, every single one of those rules were being broken on a consistent basis by the majority of those working there. There were individuals smoking on the set, in their costumes, in areas where people came through, they were throwing down their butts on the ground, and some of them were right next to my set. It was low to the ground, but the smell would still get to me. Always does, I've just been berated in the past for saying so, so I've learned to not make remarks about it.

When I brought this up with the employee who recruited me, he said that the boss had figured out that everyone smokes, and that he had just learned to let it go, since if he followed his own policy, he literally wouldn't have any workers.

These actions were all done despite the fact that management and security cameras were all over the place. The cameras were set up in both employee and the exhibit parts of the haunted house, and I know from glancing at them myself(the monitors were in a public area) that employees could be seen doing this regularly, since I saw that the cameras did cover at least one of the areas I had seen people smoking in.

[Zigner]

Wow...
All of that just to ask "How do I file an unpaid wages claim in TN?"

Amazing.


Tennessee Department of Labor and Workforce Development
Andrew Johnson Tower, 8th Floor
Nashville, TN 37243-0655
Division of Labor Standards
Ph: 615-741-2858

[ecmst12]

No, it's not legal for them to pay you less then minimum wage. Nothing else you posted was relevent or necessary. File a wage claim. And you were NOT an independent contractor for this job, you don't meet the criteria, so it WOULD be illegal for them to treat you as one.

[Erudition]

I agree, that is a whole lot of information that you didn't have to provide.

I managed a haunted house, helped one guy open his. It was a large investment, but they made a killing in the end.

I believe you need to contact two departments:
TN Workforce Development - [url=http://www.state.tn.us/labor-wfd/]Welcome - Tennessee Department of Labor and Workforce Development[/url]
DOL/wage & hour -http://www.dol.gov/ESA/WHD/

I would first find out what the minimum wage is in your state by contacting TN workforce office, also ask about seasonal help (which in my state there is no different in min. wages). Then I would contact Wage & Hour and report the failure to pay the appropriate wages. It looks to me like he owes you $235.

And, yes you would have a right to file an unpaid wages claim.

Good luck!

[pattytx]

Tennessee does not have a state minimum wage law. Therefore, the federal MW of $7.25/hr is applicable.