mandatory unpaid meetings in Ohio

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Latest post 12-26-2010 7:03 PM by BigDadee63. 18 replies.
  • 12-24-2010 2:43 PM

    • dpmb66
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    mandatory unpaid meetings in Ohio

    I was wondering if it was legal to have unpaid mandatory meetings in the state of Ohio; also, If one was not to attend one of these meetings are able to be punished? i.e. suspension, firering

    This is a sportsbar with two locations and pretains to the kitchen

  • 12-24-2010 3:14 PM In reply to

    • Drew
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    Re: mandatory unpaid meetings in Ohio

    Laymans view:

    1. You follow directives of management --show up and smile!

    2. If hourly--you are entitled to be paid-just becareful when and where you seek to enforce that issue as it probablygets you a trip out the door as fired for cause next time you don't use soap to wash your hands.



  • 12-24-2010 3:27 PM In reply to

    • dpmb66
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    Re: mandatory unpaid meetings in Ohio

    That is basically what i figured.  The story goes, a co-worker had worked one afternoon til 3p.m. then left when his shift was over.  He was not reminded that the meeting was at four that afternoon, nor was it posted on the schedual. The next day he was given a one week suspension.  He showed how displeased he was so i just wanted to try and point a friend in the right direction of what he should do.

  • 12-24-2010 4:03 PM In reply to

    Re: mandatory unpaid meetings in Ohio

    "He was not reminded that the meeting was at four that afternoon, nor was it posted on the schedual. The next day he was given a one week suspension."

    Regardless of whether the meeting is "paid" or not there is no requirement they remind employees of the meeting or post it on the schedule.  He clearly knew about it at some point since he forgot to attend.  It is perfectly legal for them to discipline an employee for missing a mandatory meeting regardless of whether the time is paid or not.  

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 12-24-2010 4:15 PM In reply to

    • dpmb66
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    Re: mandatory unpaid meetings in Ohio

    thanks a lot guys.  most of the people i have talked to, but had no way to back it up, said that it was illegal to have a mandatory meeting that was not paid.  That made me believe that it would also be illegal to punish someone for the matter.

  • 12-25-2010 4:48 AM In reply to

    • LG81
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    Re: mandatory unpaid meetings in Ohio

    Rocktosh:
    (I assume we are talking about hourly employess, not salaried) 

    Argh - Hourly vs. Salary is just a mode of payment.  What matters is exempt versus nonexempt.  Hourly employees can be exempt or nonexempt, and salaried employees can be nonexempt or exempt.

    It's in the employee's best interest attend mandatory meetings (or arrange to be excused ahead of time if s/he cannot attend).  Payment for nonexempt employees is the burden of the employer.  If the employer gets it wrong, that is where the employee can seek pay. 

     

  • 12-25-2010 5:11 AM In reply to

    Re: mandatory unpaid meetings in Ohio

    From my own experience whenever my employer called a "mandatory meeting" I was paid at least minimum wage for attending.  When I could not attend, I saught to be excused-and later given the information by my supervisor.

    The consequences' for not attending a mandatory meeting?  I'm not sure if you'll find any statutory state laws or written guidance that address this specific issue. 

    The information below was extracted from the US Dept. of Labor website. http://www.dol.gov/whd/regs/compliance/whdfs22.htm

    Lectures, Meetings and Training Programs: Attendance at lectures, meetings, training programs and similar activities need not be counted as working time only if four criteria are met, namely: it is outside normal hours, it is voluntary, not job related, and no other work is concurrently performed.

     

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 12-25-2010 5:47 AM In reply to

    Re: mandatory unpaid meetings in Ohio

    Exempt or Nonexempt.  Employees whose jobs are governed by the FLSA are either "exempt" or "nonexempt." Nonexempt employees are entitled to overtime pay. Exempt employees are not. Most employees covered by the FLSA are nonexempt. Some are not.

    Some jobs are classified as exempt by definition. For example, "outside sales" employees are exempt ("inside sales" employeesare nonexempt). For most employees, however, whether they are exempt or nonexempt depends on (a) how much they are paid, (b) how they are paid, and (c) what kind of work they do.

    With few exceptions, to be exempt an employee must (a) be paid at least $23,600 per year ($455 per week), and (b) be paid on a salary basis, and also (c) perform exempt job duties. These requirements are outlined in the FLSA Regulations (promulgated by the U.S. Department of Labor). Most employees must meet all three "tests" to be exempt.   

    READ MORE ON THIS SUBJECT:  http://www.flsa.com/coverage.html

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 12-25-2010 9:34 AM In reply to

    Re: mandatory unpaid meetings in Ohio

    "Last I checked employers can't force you to show up if they are not going to pay you. Meetings for work is work and has to be paid."

    No one SAID it didn't have to be paid.  However, the problem comes into play when the employer says the meeting is mandatory and the employee(s) don't show.  That gives the employer grounds for discipline regardless of whether they intended to pay or not.  If the employee is NOT paid for the time then they have a gold plated reason to file a complaint with the state and be protected from discipline for filing a complaint with a regulatory agency.  To just not show is potential career suicide.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 12-25-2010 3:11 PM In reply to

    • cbg
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    Re: mandatory unpaid meetings in Ohio

    No, that's where you're wrong. You're coming at it from the wrong direction. There are two entirely separate issues at play here.

    1.) Is it legal to discipline or fire an employee for missing a mandatory meeting? Yes, it is. It is 100% legal for an employer to schedule a mandatory meeting and discipline or fire an employee who does not show up.

    2.) Can the mandatory meeting be unpaid? That depends on whether the employee is exempt or non-exempt, and whether the meeting is truly mandatory. If the employee is non-exempt and the meeting is truly mandatory, then the meeting must be paid and the employee can take legal recourse if he attends the meeting and it is not paid.

    But that is a completely separate issue from whether the employer can fire an employee for not showing up. The pay is not due until the employee does attend; therefore the employee's belief that he will not be paid is a non-issue. Particularly since he does have legal recourse if he is not.

  • 12-26-2010 1:04 AM In reply to

    • LG81
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    Re: mandatory unpaid meetings in Ohio

    Vadgue.1026:

    Rocktosh:
    So whether the employee is salaried or hourly makes a difference in whether or not the meeting is paid.  

    Yes it does - A Salaried employee is paid teh same amount of money whether or not they put in 40, 60 or more hours a week.

    And Hourly employee is paid for every hour that they work.

    If an employee does not show up for the meeting they could be terminated.

    If they attend and do not get paid that is the time you address the issue about salary with the states DOL.

    While I agree that an employee can be terminated for not attending a mandatory meeting, I still stand the law is pretty straightforward in that hourly vs salary are just modes of payment.  A salaried employee CAN be nonexempt and subject to OT.

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