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Should this be reported to the Labor Board?

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Eekamouse

Senior Member
What is the name of your state (only U.S. law)? California

A person gets hired by a company that is nationwide to perform a merchandising service for several stores. The person has to call a number and clock into the store via phone when they arrive to start work. The company they work for has allotted exactly two hours to get the work done. The employee must complete the work in two hours and clock out then drive to the next store and clock back in via phone and complete the merchandising task in the two hours given to them. The merchandising task cannot be completed by the employee in the two hours given. It is virtually impossible to complete the work in just two hours. The employee follows the rules and clocks out at the two hour mark but of course, can't leave the store until the merchandising task is finished. An additional hour is done by the employee off the clock to finish the task. The employee is not compensated for the drive time between stores, only for the two hours given for the task assigned. Additionally, the employer advises the employee to call in and clock into a store for two hours on a Wednesday yet the employee cannot go to the store they clocked into until the following day because the delivery driver who delivers the merchandise to the store doesn't arrive until the evening of Wednesday. The employee goes in the following morning and finds that there are 6 additional bins of product they must merchandise than the quantity of bins they were expecting to do. They work four hours to complete their task so their employer just got two hours of labor for free. Should this be reported to the labor board or should the employee simply quit and look for a new job. This employer has thousands of part time employees working in Canada and the US. Is this all legal and above board? I cannot stress enough that the work load vs the time allowed is completely out of balance and impossible to do. Curious if this is something the labor board would want to know about?
 
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Zigner

Senior Member, Non-Attorney
It doesn't matter whether the workload vs time allotted is out of whack. What DOES matter is that the employees aren't being paid for the time they are working. I'd report it.
 

cbg

I'm a Northern Girl
I assume by the "labor board' you mean the DLSE?

The DLSE does not give a hoot and a half if it is impossible for the employee to complete the job in the time allotted. That is an issue, they will tell you, between the employee and the employer.

If, however, the employee is not being paid for all the time they are working, and if the employee and the employer are unable to resolve that between them, then yes, the employee absolutely should file a wage claim with the DLSE.
 

Zigner

Senior Member, Non-Attorney
No expert here, but isn't the travel time between stores also considered "on the clock"?
Yes, the employee can report the entire situation. I suspect there is more to it than the OP has presented, but I suppose not out of the realm of possibility that a major international company is shortchanging its workers.
 

eerelations

Senior Member
The DLSE will be interested only in the employees in California. Regarding the employees in Canada, the above answers still apply except the illegalities must be reported to the Employment Standards offices of the provinces they're working in.

And keep in mind the Canadian operation is a separate legal entity - it may have a very similar name, but it will be separate. Employment Standards will need the Canadian entity's legal name in order to proceed.
 

Eekamouse

Senior Member
Yes, the employee can report the entire situation. I suspect there is more to it than the OP has presented, but I suppose not out of the realm of possibility that a major international company is shortchanging its workers.
Nope. You got the complete skinny on the situation. I just did a search regarding employee complaints against this employer and there are many and for the exact same reasons I've outlined above. SMH
 

cbg

I'm a Northern Girl
If there are other states involved, the best venue will vary with the state. It might be the state DOL, the US DOL or small claims court, depending. In CA, I recommend the DLSE.
 

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