People who work for organizations all have certain understandings about what they
these factors seem fair and reasonable, people tend to be happy and productive.
But when the balance gets out of line, problems can start to set in. This is especially
true when people think they are not getting fairly paid for their contributions.
she needed to be at her workstation 10 to 15 minutes before her shift officially
employees in her department were given the same instructions.
left work each day at 5:00 p.m. but continued to receive dozens of text messages,
e-mails, and calls on his department-issued Blackberry until 10:00 p.m. or so each
precinct told him he had to do this, but he felt subtle pressure to do so.
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For years, Omar Belazi, a former RadioShack store manager, logged 65-hour
workweeks and stayed late to clean the store’s restrooms and vacuum the floor.
He also felt pressured to work all weekend each week just to help meet the
store’s sales goals. Regardless of the hours he worked, however, he received the
same monthly salary. Belazi gradually tired of the long hours, extra work, and
stress, and he left RadioShack.
Each of these cases has something in common: what an employer can expect
of its employees in relation to what it pays them. They have also each been the
subject of a lawsuit. At the heart of the argument is a decades-old law that
mandates overtime payments for hourly operating workers who work more than
40 hours a week but allows firms to pay salaries to professionals regardless of
how many hours they work. The Fair Labor Standards Act specifically exempts
those in executive, administrative, or professional jobs from overtime payments.
But because so many jobs have shifted from the manufacturing setting to
service settings, and because the nature of so many jobs has changed, the lines
between different kinds of work have blurred. That is, when someone works on
an assembly line, it’s pretty simple to step up to the line and start work, and the
tasks themselves are clearly defined. Service jobs, though, often have more
subjective “boundaries” and may require more start-up time.
Heather Jennings acknowledges that she is an hourly worker, but lodged
complaints in order to get paid for the extra 10 to 15 minutes she spends each
day getting ready to work. Jeffrey Allen, meanwhile, has filed grievances and
wants overtime for the extra hours he works each evening. RadioShack
eventually settled a lawsuit filed by 1,300 current and former California store
managers for $29 9 million. In similar fashion, Oracle recently paid $35 million to
1,666 workers who claimed they were misclassified. And Walmart was recently
fined $4 8 million for denying overtime pay to employees working in store vision
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RadioShack was recently sued by a large group of current and former store managers in California.
The retailer was charged with requiring store managers to perform nonmanagerial work after regular
hours for no additional pay.
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