Sunday pay

[latarpley]

What is the name of your state? GA

I am required to have my managers sign a document instructing them they must call their store each Sunday and ensure they are open on time. These managers are required to work Mon-Sat and are paid hourly and therefore not exempt. The only exception to this Sunday phone call is when they are on approved time off.

I have raised the question we should compensate the managers for working in Sunday, even from home. I have been told this is just part of the job.

Are they due compensation, and would any minimun time be required in GA. I understand this call may only take a couple of minutes, but I consider they must schedule their one day off to have access to a phone to make this call. Your opinions would be appreciated.

 

[JETX]

Wow, I really can't believe this one!!

The issue of exempt v. non-exempt is not black and white and includes a very broad interpretation. So, if I were this persons employer, I would consider offering some compensation for the 5 minutes work on Sunday.... but only if the employee could prove that they had worked 100% of the time during the week. That means NO improper times off, like personal phone calls, smoke breaks, chats with friends, etc.

Of course our writer takes these occasional breaks and gets paid for them... so it is probable that this writer OWES the employer at the end of each payweek. Or at least 5 minutes time each Sunday.

 

[latarpley]

they are definately non-exmept and are hourly. This is specifically stated on their job description. The form they must sign does not come from corporate, but from the regional office. I do not even know if HR is aware of this 'policy'. I tried to talk to HR but was denied the request by my boss.

 

[latarpley]

the memo

recently, there have been a couple of times when a store has not been open on a Sunday. This will not be tolerated. It is the responsibility of each store manager to call his or her store every Sunday to insure that it is open. Do not rely on your scheduling alone to insure that your store is covered-- YOU MUST CALL TO BE CERTIAN THAT YOUR STORE IS COVERED. if you cannot complete this call because you on a scheduled PTO leave, attending a funeral, or seriously ill it is your responsibility to contact your DM to make the call for you.

If your conter person does not report to work , it will be your responsibility to contact another care associate, assistant manager, or to cover the store yourself, but the store must be open. Disciplinary action for Sunday's will be much sterner including and up to termination for all team members.

i want each manager to acknowledge their understanding of this policy by their signature and date below. Forward completed forms to my attention by xxxxx

I, understand that it is my responsibility to contact my store every Sunday to insure that my store is covered. Also, I understand that I am to contact my DM if I am unable to make the Sunday call myself. Further, I understand that if my scheduled care associate does not report to work I ma to find alternated coverage, or cover the store myself.


Complete text of memo to sign.

 

[JETX]

Alright, lets try this a different way.

Georgia is an 'at will' employment state. Simply that means that your job is not guaranteed and your employer can terminate you with or without reason (as long as it was not discriminatory). So, with that in mind, you simply have three choices:
1) Refuse to sign the form, possibly lose job, or
2) Sign the form, don't do as they ask, possibly lose job, or
3) Sign the form, do what they ask, keep your job.

Now, with the above options in mind... are you really going to risk losing your job over a 5 minute phone call??

Also, you say that you have a risk of working if YOUR team fails you. Obviously, the employer has had problems with people not opening when they should. They have now put the responsibility on the manager (YOU) to make sure that YOUR team does as they should. It is now YOUR job to make sure that YOUR team shows up and opens as scheduled. Finally, in the event that you actually do have to work, you must be paid.

 

[latarpley]

thanks

just wanted anothers opinion. This company trys to get every free minute they can. These same managers used to have to go to the bank and stand in line(can not use night drop) on a daily baisis while off the clock. I finally convinced them they must be paid for this time since they were in direct control and responsiblity of company funds during this time period.