I'd like to have time to take a nap sometime, please.
November 22, 2011 9:09 AM Subscribe
How much notice does my job need to give me if they are requiring me to work my regularly scheduled day off?
I work for a retail company as a salesperson. I've been working there for just under 3 years. The company has a 6-day a week operating schedule (closed for Shabbos, which I observe with my family), and we each have a set 5-day a week schedule, with one day off during this time (everyone's day off is different so that there is adequate coverage). We are paid hourly, and anything we work over 42 hours is paid at time-and-a-half our hourly rate. We are all considered full time employees and receive benefits after a probationary period (medical, dental, PTO, etc). Everyone sticks to their set schedule (which we were given & signed when we were hired), and any additional time worked outside of this schedule must be approved by our direct manager. The company is located and operates fully in New York City.
Some weeks, I've been asked to work my day off or come in earlier than my scheduled time verbally by my manager, usually a few days before my day off, although a couple times it's been literally within a few minutes of me leaving the day before my day off. It usually happens if someone else in my department is on vacation, or if they anticipate it to be busy for whatever reason. If I can take it, I usually do, since those overtime checks are a nice bonus. Sometimes I can't (I have plans for my day off, an appointment of some sort, or I just need to take my day off to sit around and recharge). Occasionally my manager is ok with it, but often he makes comments about "not being a team player," which is annoying and I know he's just trying to intimidate me. (For whatever it's worth, I am a team player, I do my job well and have many coworkers, lots of customers, and several superiors who agree with me.)
As the holiday season looms over us, we all are told to expect to have to work overtime at his (not the company's, but his) discretion. Fine, I could use those overtime checks and was planning on losing some of my days off between now and January 1. But the thing is, he's not committing to telling us we have to work until a day or two before. He has told us that we need to keep our days off available to the company through January 15, and he will let us know if he needs us or not. He's basically telling us we need to be on-call at his discretion. My day off is normally Wednesday, and he still won't give me an answer if I need to work this Wednesday (which, at this point, is 26 hours from now).
I've heard lots of things regarding what my and their obligations are. I've heard that the company has to give us 10 days written notice if we're going to be required to work anything outside our set schedule. (For instance, a company-wide email was sent about 2 weeks ago regarding Black Friday - we're opening early and closing late, and everyone has to be in the entire time, no exceptions. Fine.) I've heard that if we say that we can't work our day off, we can be fired on the spot for insubordination, even if it's closing time the day before our day off. I've heard that the company can change our schedules at any time for any reason without notice. I've heard that my manager can arbitrarily decide that I have to work my day off, but I don't *really* have to show up, as long as he didn't give me that written notice (which he never does).
I'm not looking to get out of working overtime, but I am trying to find out what my rights are. I get it, it's retail and it's the holidays, and I'm cool with that. I've actually been looking forward to these overtime checks! But I'm not looking forward to not being able to have any time to run errands or get anything outside of work done in the next ~2 months. (On a typical work day I leave my home around 7am and get home at 9pm.) Can someone help me out? I'd like citations if possible, as this company is very good at playing the legal game. I have a feeling that my sales manager may be overstepping his bounds by telling us that we must be unquestionably available at his beck and call.
I work for a retail company as a salesperson. I've been working there for just under 3 years. The company has a 6-day a week operating schedule (closed for Shabbos, which I observe with my family), and we each have a set 5-day a week schedule, with one day off during this time (everyone's day off is different so that there is adequate coverage). We are paid hourly, and anything we work over 42 hours is paid at time-and-a-half our hourly rate. We are all considered full time employees and receive benefits after a probationary period (medical, dental, PTO, etc). Everyone sticks to their set schedule (which we were given & signed when we were hired), and any additional time worked outside of this schedule must be approved by our direct manager. The company is located and operates fully in New York City.
Some weeks, I've been asked to work my day off or come in earlier than my scheduled time verbally by my manager, usually a few days before my day off, although a couple times it's been literally within a few minutes of me leaving the day before my day off. It usually happens if someone else in my department is on vacation, or if they anticipate it to be busy for whatever reason. If I can take it, I usually do, since those overtime checks are a nice bonus. Sometimes I can't (I have plans for my day off, an appointment of some sort, or I just need to take my day off to sit around and recharge). Occasionally my manager is ok with it, but often he makes comments about "not being a team player," which is annoying and I know he's just trying to intimidate me. (For whatever it's worth, I am a team player, I do my job well and have many coworkers, lots of customers, and several superiors who agree with me.)
As the holiday season looms over us, we all are told to expect to have to work overtime at his (not the company's, but his) discretion. Fine, I could use those overtime checks and was planning on losing some of my days off between now and January 1. But the thing is, he's not committing to telling us we have to work until a day or two before. He has told us that we need to keep our days off available to the company through January 15, and he will let us know if he needs us or not. He's basically telling us we need to be on-call at his discretion. My day off is normally Wednesday, and he still won't give me an answer if I need to work this Wednesday (which, at this point, is 26 hours from now).
I've heard lots of things regarding what my and their obligations are. I've heard that the company has to give us 10 days written notice if we're going to be required to work anything outside our set schedule. (For instance, a company-wide email was sent about 2 weeks ago regarding Black Friday - we're opening early and closing late, and everyone has to be in the entire time, no exceptions. Fine.) I've heard that if we say that we can't work our day off, we can be fired on the spot for insubordination, even if it's closing time the day before our day off. I've heard that the company can change our schedules at any time for any reason without notice. I've heard that my manager can arbitrarily decide that I have to work my day off, but I don't *really* have to show up, as long as he didn't give me that written notice (which he never does).
I'm not looking to get out of working overtime, but I am trying to find out what my rights are. I get it, it's retail and it's the holidays, and I'm cool with that. I've actually been looking forward to these overtime checks! But I'm not looking forward to not being able to have any time to run errands or get anything outside of work done in the next ~2 months. (On a typical work day I leave my home around 7am and get home at 9pm.) Can someone help me out? I'd like citations if possible, as this company is very good at playing the legal game. I have a feeling that my sales manager may be overstepping his bounds by telling us that we must be unquestionably available at his beck and call.
If you don't have a contract and are not in a union, then they are within their rights to ask you to do these things. As you note, usually they are reasonable about it with a few days of notice. Be careful about complaining. Your boss is the one that counts, not other "superiors", and if he doesn't think you're a team player, you're not a team player. Forget about coming in with "citations" — you'll be on the list to be cut the day after Christmas. Instead, try positive reinforcement. Whenever you get a couple days notice to work unscheduled hours, respond with enthusiasm and appreciation for the extra hours and the early notice. When you get absolutely minimal notice, respond with somewhat dampened enthusiasm and appreciation. But not with negative comments or attitude. And quit badgering your boss about whether you need to work Wednesday. Instead, offer to work that day, with "I'm available if you need me." All these things will rack up positive points for you, while the general attitude you've conveyed in this question is unlikely to do you any good.
And by the way all those things "you've heard" — ignore them and their source. As tomswift says, the only thing that counts is whatever policies they've given you, in writing OR verbally.
posted by beagle at 9:34 AM on November 22, 2011 [2 favorites]
And by the way all those things "you've heard" — ignore them and their source. As tomswift says, the only thing that counts is whatever policies they've given you, in writing OR verbally.
posted by beagle at 9:34 AM on November 22, 2011 [2 favorites]
I work for a retail company as a salesperson.
If you're in the US and you don't belong to a union, that's all I needed to hear. You can get called in whenever, so long as they give you 8 hours between shifts.
posted by xingcat at 9:47 AM on November 22, 2011 [4 favorites]
If you're in the US and you don't belong to a union, that's all I needed to hear. You can get called in whenever, so long as they give you 8 hours between shifts.
posted by xingcat at 9:47 AM on November 22, 2011 [4 favorites]
You should contact the Retail Action Project about your rights. They can answer your questions. You can also check with the NYS Department of Labor about specific laws.
I am not a lawyer, but the only thing that strikes me as likely illegal about your situation is the overtime. You should be paid overtime after 40 hours of work per week (not 42 hours), see here [PDF]. Wage theft is a priority issue for the NYS Department of Labor right now, a new law was passed in April, and you should call the DoL to report violations (you can do this anonymously).
posted by cushie at 11:08 AM on November 22, 2011 [2 favorites]
I am not a lawyer, but the only thing that strikes me as likely illegal about your situation is the overtime. You should be paid overtime after 40 hours of work per week (not 42 hours), see here [PDF]. Wage theft is a priority issue for the NYS Department of Labor right now, a new law was passed in April, and you should call the DoL to report violations (you can do this anonymously).
posted by cushie at 11:08 AM on November 22, 2011 [2 favorites]
I have found the best approach in jobs like this is to lie about having plans well ahead of time. For example pick your days off that you definitely want to have off and let your boss know that you'll be out of town those days, in writing, at least 2 weeks in advance. Sometimes it works, sometimes they'll tell you that you have to come in anyhow because they own you and how dare you have a life and think you can make plans on your days off!
posted by WeekendJen at 11:39 AM on November 22, 2011
posted by WeekendJen at 11:39 AM on November 22, 2011
You can get called in whenever, so long as they give you 8 hours between shifts.
That's another myth, unless you work in the motion picture industry in California. As I noted, don't listen to "things you've heard".
posted by beagle at 6:18 PM on November 22, 2011 [1 favorite]
That's another myth, unless you work in the motion picture industry in California. As I noted, don't listen to "things you've heard".
posted by beagle at 6:18 PM on November 22, 2011 [1 favorite]
You may want to look at this book: Can They Do That? which explains how few rights Americans have in the workplace (even when they believe they have rights).
posted by cushie at 6:51 PM on November 22, 2011
posted by cushie at 6:51 PM on November 22, 2011
You noted that this company is very good at playing the legal game. A few citations from the internet is not the way you take on a company that is sophisticated at legal maneuvering. If you want to take a hard line on this then legal counsel or a complaint with an agency is a better option.
posted by 26.2 at 12:18 AM on November 23, 2011
posted by 26.2 at 12:18 AM on November 23, 2011
This thread is closed to new comments.
posted by tomswift at 9:23 AM on November 22, 2011 [2 favorites]