unpaid mandatory meetings

[woodone]

What is the name of your state?What is the name of your state? CA

I worked as an employed personal trainer in a large health club. Our pay was based on an hourly wage. We were told that we must attend mandatory meetings unpaid. My problem started occuring when management started a training program for us. All of the trainers had to attend every hour of the training in order to continue working there. The problem for us was we weren't getting paid. These meetings were during our off hours and were not during our normal schedules. When I signed a contract at the time of hiring, there was a stipulation that I must attend all meetings but it did not say that they were unpaid. Meanwhile the manager lecturing the meetings was on salary.

I did miss a few training meetings and received two "employee performance reports". One if which stated that I would be terminated if I did not attend the meetings. I have in my possesion copies of those reports. I ended up being forced to resign if I did not want to cooperate.

I was thinking about pushing for a class action suit since every former employee had to endure the policy. I'd first like to know for sure that it's worth starting.

 

[cbg]

Before we start talking about class action suits, can we first establish if there's a problem to begin with?

First of all, are you exempt or non-exempt?

 

[woodone]

From the research I've done on this site it appears that I was non-exempt. I was paid an hourly wage and for only the hours that I clocked in. We were not allowed to clock in for these meetings. Before the training meetings started we were told that if we wanted to continue working here then we must attend all meetings.

I do believe that there is a big problem because people like myself were being terminated or threatened to be terminated if we did not comply. In fact, I did have another job that I had to take time off from in order to come to these meetings. Therefore, I actually lost money. I do not have records of that though.

Let me also add that these unpaid hours were quite substantial. There was approx 12 hours a week for 4 weeks. Not to mention the regular meeting hours once per month.

I've talked to trainers and managers from other gyms and they mentioned that they were required to clock in for all meetings to avoid violating labor laws. In-house training for trainers is very common.

I did have a private meeting with several managers. I pointed it out that they cannot force us to go to these meetings without paying us. Surprisingly, they did agree. However, the harrassing and performance reports did not reflect it.

I am not longer there, but from what I hear this policy is still being practiced.

 

[rmet4nzkx]

It sounds like you should have been paid, contact the California Industrial Relations Board

California Department of Industrial Relations Home Page ... California Department of Industrial Relations - home page. ... Occupational Safety & Health - safe and healthful working conditions on the job Labor Law - wages ...
http://www.dir.ca.gov/

 

[woodone]

So I need to first get this company "written up" before I take any civil action?

 

[rmet4nzkx]

No that is the eeoc/dfhe that gives you a right to sue letter. The IRLB, will take your complaint and call a hearing where you have an opportunity to present your complaint and get reimbursed for your lost pay for the unpaid hours, you may still have grounds to sue.

 

[woodone]

My goal is to force the company to have no choice but change its policy. Could a group file a complaint with the IRLB or must each person file separately? An action on the behalf of and entire group would create that change I'm looking for. This is why a class action might be in order.

I went to the EEOC site and it appears to act on the behalf of people being discriminated against. Am I in that category? I also noticed that a charge needs to be filed within 180 days. It's actually been a year since the alleged violations. I'm now getting more "worked up" over it after talking to more present and former employees.

 

[cbg]

The place to go is the state Department of Labor, and no, you cannot file a class action suit. However, if the DOL finds evidence, through your complaint, that the company's policies are not in compliance with the law, your ultimate goal will be achieved.

 

[rmet4nzkx]

The place to go is the state Department of Labor, and no, you cannot file a class action suit. However, if the DOL finds evidence, through your complaint, that the company's policies are not in compliance with the law, your ultimate goal will be achieved.

That's what I told him and even gave him a link to the website, he is set on a class action lawsuit. Apparently he doesn't understand the implications of what it takes for a class action lawsuit, how long they take and if and or when there is a settlement, it may be for less than just going to the IRLB! He doesn't work there anymore. here is the link again:

California Department of Industrial Relations Home Page ... Occupational Safety & Health - safe and healthful working conditions on the job Labor Law - wages http://www.dir.ca.gov/

 

[cbg]

I know you did, but when he started asking about the EEOC I thought you needed the backup. As you know, the EEOC doesn't have anything to do with this issue.

Offhand, I don't know what the statute of limitations in in CA for a wage complaint, but if he doesn't stop with this useless "class action' business and actually get a complaint filed through the proper channels pretty soon, he may find himself without any dog to hunt at all.

 

[rmet4nzkx]

Thanks, yes, not an eeoc complaint but the dfeh is in the same office as eeoc and issues the right to sue letters which are required in California, actually the IRLB is fairly efficient but limited scope. Gotta run and deal with a state agency, actually the local agency/center, that is adviseral and tries to keep it's potential clients on the street rather than provide their entitled services, no wonder we have budget troubles here they spend more money trying to disallow services than providing them! Something wrong with that picture.

Welcome to California ... The Mission of the Department of Fair Employment and Housing is to protect the people of California from unlawful discrimination in employment, housing and ...http://www.dfeh.ca.gov/

 

[woodone]

Thanks for the help. My goal is not monetary but to create a fair atmosphere for my associates. I now own a gym and treat Personal Trainers as professionals rather than resources and we are very happy and successfull because of that.

I don't have my mind set on a class action suit. I just want to do something that will get the attention of the gym. As long as filing a complaint will create an investigation resulting in change than I'll be happy. And no, I am not trying to get a competitor in trouble. There is a huge problem within the fitness industry and I would just like to clean it up. Thanks again.