there's a lot of stupid, ignorant assholes running small businesses all over the place that think they own their employees and can boss them 24/7. this could totally be a legit posting somewhere.
if you want me answering my phone 24/7, you're paying me 24/7--and providing the phone you want me to answer.
I've seen shit like this working in an understaffed restaurant. It was understaffed because the management decided to drug test and most of the staff was let go. Then whined the entire time about people unable to cover shifts and pulled shit like this. I promptly left after coming back from being sick.
Employers can require an employee to be “on-call” and available to work on an emergency or as-needed basis. Employers are generally not required to pay employees who are “on-call,” unless the employee is actually called to duty. However, if an employer places significant restrictions on how an employee spends their time while on-call, this time may need to be compensated as hours worked.
The tenth circuit of appeals came up with this test to determine if the employers restriction constitutes on call hours as hours worked.
Where the employee is not required to remain on the employer's premises, the critical inquiry is whether the employee is able to use the time effectively for his or her own purposes. Here, the report requirement necessarily entailed that the employee could not drink alcohol, must be able to dress in uniform, and must be able to travel to the airport, park, and pass through security within one hour of a call. She was not able to make or attend doctors' appointments for herself or her children, do her weekly shopping, nor go on field trips with her children. The court compared these circumstances with many FLSA cases presenting similar, or even more restrictive, circumstances involving availability by pager, inability to drink alcohol, and ability to report within 30 minutes or one hour. In the FLSA cases, it was determined that the employees' activities were not so curtailed as to require the on-call time to be considered compensable working time. The court followed this precedent.
Depending on the country/state that could obligate the company to pay for devices if they’re going to require they have them.
Not to mention possible “on call” pay could apply as well.
I wonder if people who make these things (if real) even think of throwing them by HR or some professional who could help them avoid the legal implications of these kinds of things.
It's basically all of the content on r/antiwork after that community decided to throw itself off the golden gate bridge over an awkward interview that didn't even fucking matter, on Fox "news" of all places
Some some people may not believe this shit is actually ilegal in mexico. There's a limited list of cases where firing an employee is actually justified, without obligations for the employer. Otherwise you're entitled to a 3month compensation.
There are, of course, employers who decide to challenge this and drag payments, but still...
There's a very large difference between something being illegal and the crime being enforced, but legally recognizing that it's illegal goes a long way, even if only because people radicalize easily when they see the boss/company owner blatantly committing crimes.
The true question would be: "how can your son best serve the company"? He has more years ahead of him that can be spent in servitude than you, so you are already obsolete.
I totally understand the overall ridiculousness of this, but I suspect that "mandatory" and "voluntary" apply to 2 different people in this case. Person 1 has a "mandatory shift" and person 2 is supposed to voluntarily cover that person's mandatory shift.
I got a job at Subway when leaving the army, mostly out of boredom. Told them the only day I cannot come in is Thursdays, that’s when I go into the VA for my deployment issues. Put that is writing, got hired. They also had something like this where you have to always be on call. They called my on Thursday in the middle of a counseling session, so on Friday I was fired.
Turns out, the FAFO is strong with this one. The VA asked if I put it in writing, “Yes, here is the email”. Several weeks later the fine leveraged against the owner was so high she had to sell the business. She called me, asking when I am coming back in (I could tell it was being recorded, could hear the static) and I laughed and told her you can’t record me, and you fired me, then hung up.
Turns out shitcanning veterans who just got back from a deployment during the height of “we all love Murica!” gets you zero sympathy from anyone.
On call rules AND on call pay, or STFU. Your staffing problem isn't my problem and I can contact legal authorities if you do write me up for having my phone off or just not coming in.
Sounds like the company needs to increase its bus factor. Luckily, I can help the company by not doing any of this nonsense, to pressure execs into hiring more staff so that the team is robust enough to weather a catastrophe.
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I've been seeing it in several places, as comments and replies, unrelated to whatever it's about, and always from users from discuss.online. Perhaps someone trying to use bots that the instance hasn't removed yet.