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Manager gets a day of overtime pay for answering employee text when HR refuses to acknowledge their work-life boundaries, HR tries to get them fired, they counter with their own warning: '[If] they wanted to punish me for it, they could see me in court'

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  • A man dressed in a suit confidently adjusts his tie while standing at the bottom of an office staircase.
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  • Another post reminded me of this story, and I thought I'd share. I work for a major grocery chain.
  • For the most part they're locked in on following labor laws properly, but every once in a while they don't know what they're talking about.
  • Before this job, I had been GM of a high volume brewpub and before that I was GM of a 14 screen cinema, so I also know labor laws pretty well, as both my previous jobs were drowning in employee relations.
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  • A while back we had a mandatory training for leadership about proper call-out procedures for our teams.
  • In the training our regional HR asked all the department managers, "What do you do if they text you?" I said, "Ignore the text." HR said, "no, you need to tell them to call out on our call- out line.
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  • Let them know they need to leave their name, employee ID, and their shift." I said, "do I have to?" HR: "Yes" Me: "okay, but would you email us this information after the class?" They did.
  • About three months later I had a new employee somehow get my phone number (which bothered me, but that's another story) and text me that they couldn't make it in the next day.
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  • I text back. "Call the call-out line. Leave your name, employee ID, and shift." The next day when I was at work I put in a timekeeper request for an hour of labor.
  • This also happened on a Wednesday in a week where Wednesday was my only day off.
  • Where I live, if you work even a single minute off the clock, the company is obligated to pay you for that hour.
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  • In addition, because I was scheduled 6 days already, that counted as another day of work.
  • So my entire Sunday shift was time and a half as it was seven days in a row during the full Mon-Sun work week.
  • About a week later I was called into HR to discuss what they claimed was me abusing the system and they wanted to write me up for it because that one text message resulted in $200 of extra money on my paycheck ($40/hr wage, so 8 hours at time and a half is $160 plus the $40 on Wednesday.) I let them know they were the ones who told me to work on my time off and that of they wanted to punish me for it they could see me in court and they'd pay a hell of a lot more.
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  • I then reminded them of the email they sent telling us in detail what we were to do if an employee texted us to call out.
  • I told them that I value my work life balance, and even a minute of work is still work, and I expect to be paid for each moment of work i do.
  • They said, "okay, I'll have to call the director of HR and discuss this. But we will get back to you." They never got back to me.
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  • But my paycheck was straight for the period and a week later they sent out a followup email telling leadership to let their teams know they weren't to text the managers off the clock, and that if an issue arise they could call the store and the store could decide if it was important enough to contact us on our days off.
  • My time is my time, and I'm getting paid for it. Thankfully, for them at least, they never tried to retaliate over it.
  • Sad for me as I wasn't bluffing when I said I'm not afraid to talk to a lawyer...
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  • would've been a good payout.
  • Traditional-Apple238 Aussie?
  • SethAndBeans Original Poster's Reply American in a state with actual worker protection laws.
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  • Freestila I would have stayed Gamemaster at the Pub or Cinema. Sounds like it's awsome for DnD Sessions.
  • SethAndBeans Original Poster's Reply Hahaha, once a GM, always a GM. The worst part is that because | have been in a managerial role my entire adult life, I've never had a steady enough schedule to really get a game going. I did do a few one-shots with some of my employees at the brewery after hours. I just wish I was a player for a campaign for once.
  • ProDavid_ nothing wrong $40/hr x 1.0 x 8 is $320 480-320 = 160 extra, plus $40 from Wednesday is a total $200 extra
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  • SethAndBeans Original Poster's Reply What he said! Yeah, I definitely could have been more clear. Thanks for helping clarify. Appreciate you!
  • Havin-A-Roni In what world does 8x (40 x1.5) = 160?
  • SethAndBeans Original Poster's Reply My base is $40/hr Time and a half means they're paying me $60/hr for the entire day. 8 hours. Difference of $20/hr. (8*$20)+$40-$200 on top of hourly wage. Sorry, I wasn't super clear on that.
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  • Key_Shine3895 Not America since most managers are salary exempt so no OT
  • SethAndBeans Original Poster's Reply Most, but not all. "Working manager" status with limited hire/fire oversight. Essentially I'm an overpaid supervisor with the title manager. Which I honestly don't mind. After 15 years of salaried GM jobs, it's not too shabby being non exempt for once.
  • hOzR >I had been GM of a high volume brewpub and before that I was GM of a 14 screen cinema, so I also know labor laws pretty well, as both my previous jobs were drowning in employee relations. This isn't the flex you think it is....
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  • SethAndBeans Original Poster's Reply I don't think it's a flex. It is an explanation to give context on why I am aware of labor laws. Here is a flex though: I am generally happy with my life and don't need to degrade others to give myself a sense of fulfillment. Can you say the same?
  • Eruntalonn Rule #1 for life: if someone asks "can you repeat it, but written somewhere?" think again about what you just said.
  • notanotherfart I would be encouraging them to complete the writeup. Quite enthusiastically in fact. It would confuse them as well as give you actual evidence of their.... Incompetence
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  • Wotmate01 Nah, doesn't sound like it. I first thought pom, but then they used dollars and not pounds. And it doesn't sound like seppo, because does anyone in America even pay penalty rates? Confusing.
  • Lylac_Krazy Good for you. Clear expectations, stated clearly.

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