Is this legal? "Volunteer" time after normal hours. (employee, employer)
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My employer recently started a list of employees who forget to clock in from time to time. Every time someone forgets to check in/out it has to be corrected in our system, which takes a minute or less to complete. For each time an employee forgets, their name goes on the list again. So an employee could potentially be on the list several times. For each time an employee's name is on the list he is required to volunteer a little over 2 hours (2 hours at least this time) cleaning up the store.
This is the first time we have had a time set aside for getting off this list. To our surprise, we were told that it is "volunteer time." In other words, we would have to clock out and start working on the project for the night. However, our boss said "tonight is not mandatory." If this will continue to be the case, I don't know.
If I decided to volunteer (make the decision to say I will stay without being paid) I don't see how this is illegal. But if it were mandatory, would it be illegal?
My employer recently started a list of employees who forget to clock in from time to time. Every time someone forgets to check in/out it has to be corrected in our system, which takes a minute or less to complete. For each time an employee forgets, their name goes on the list again. So an employee could potentially be on the list several times. For each time an employee's name is on the list he is required to volunteer a little over 2 hours (2 hours at least this time) cleaning up the store.
This is the first time we have had a time set aside for getting off this list. To our surprise, we were told that it is "volunteer time." In other words, we would have to clock out and start working on the project for the night. However, our boss said "tonight is not mandatory." If this will continue to be the case, I don't know.
If I decided to volunteer (make the decision to say I will stay without being paid) I don't see how this is illegal. But if it were mandatory, would it be illegal?
sounds illegal to me.
In your case, you are only doing it to get your name off the list, right? It's not like it is a project you care deeply about and really want to do without getting paid. If it isn't illegal, it is certainly unethical.
...In your case, you are only doing it to get your name off the list, right? It's not like it is a project you care deeply about and really want to do without getting paid.
You nailed it. I don't care deeply about it because I am just their employee.
Quote:
...If it isn't illegal, it is certainly unethical.
Thats how I feel too. However, when I tell them I won't be doing it I am hoping there is something like the Fair Labor Standards Act that I can bring up so I can have some legal basis and reasoning to use.
It is illegal. What he can do is discipline the people involved. Depending on a number of factors we don't know about, he can either terminate the offenders or start progressive discipline. The first time you don't clock in you get a written reprimand. The second time you get a day off without pay. The third time is three days off without pay. Fourth time is termination. Pick your poison.
...Depending on a number of factors we don't know about, he can either terminate the offenders or start progressive discipline. The first time you don't clock in you get a written reprimand. The second time you get a day off without pay. The third time is three days off without pay. Fourth time is termination. Pick your poison.
That seems logical and fair to me. It was the working without pay that seemed wrong to me. Does anyone know of somewhere I could find laws or any government documents that would state this.
This is out of compliance with the Federal Fair Labor Standards Act and your employer is not permitted to REQUIRE work (this isn't voluntary if the policy demands it) that is unpaid. Actually, even if the employee was willing and happy to do it, they just don't permit unpaid work. Volunteer work would be something the employer does not benefit from but might sponsor (work at the food bank, food kitchen, etc.) and cannot require it.
Your employer is certainly within its rights to react to "forgetting" to punch the clock by putting employees on disciplinary warnings that could lead up to discharge, however.
My employer recently started a list of employees who forget to clock in from time to time. Every time someone forgets to check in/out it has to be corrected in our system, which takes a minute or less to complete. For each time an employee forgets, their name goes on the list again. So an employee could potentially be on the list several times. For each time an employee's name is on the list he is required to volunteer a little over 2 hours (2 hours at least this time) cleaning up the store.
This is the first time we have had a time set aside for getting off this list. To our surprise, we were told that it is "volunteer time." In other words, we would have to clock out and start working on the project for the night. However, our boss said "tonight is not mandatory." If this will continue to be the case, I don't know.
If I decided to volunteer (make the decision to say I will stay without being paid) I don't see how this is illegal. But if it were mandatory, would it be illegal?
I guess it's fine if your employer offered you a choice of disciplinary actions and you explicitly choose the one to stay after for 2 hours.
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