this post was submitted on 19 Jul 2023
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Wife's boss is on a power trip. Is this legal? (midwest.social)
submitted 1 year ago by [email protected] to c/[email protected]
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cross-posted from: https://lemmy.studio/post/283413

My wife works in a restaurant, and the power-tripping manager has instituted a new policy where all shift changes must be approved by management. I think that is reasonable enough, but they're also asking the originally-scheduled employee why they are switching shifts, then approving or denying based on the answer.

For example, her coworker (Tom) wanted Monday afternoon off, and Harry agreed to cover the shift. The manager asked Tom why he wanted Harry to work for him, and Tom said, "I have a softball game." Manager denied the shift change because it was "unnecessary".

Is this legal? I feel like if you're able to find someone to cover your shift, you don't owe management any explanation why you need the time off. How should my wife approach this situation? Colorado, USA BTW.

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[โ€“] [email protected] 7 points 1 year ago (1 children)

Illegal? Probably not. Asshole move? Most definitely. I think the reason that they're cracking down on this is to avoid potential overtime payments but it doesn't make it right or fair. You don't owe an explanation to anyone if you've been responsible enough to cover your shift. That much said, the only way to be sure is if you file a complaint with Colorado's Department of Labor and have one of their attorneys or Labor Law Enforcement Officers go over your claim. It could very well be considered an unacceptable breach of privacy and this restaurant could face punitive fines for behaving like this but I am neither a lawyer nor a resident of Colorado.

[โ€“] AThing4String 2 points 1 year ago

I think the reason that they're cracking down on this is to avoid potential overtime payments

... But what on earth does that have to do with what the person NOT working does with their day? If all they care about is overtime, then the question would be "will either person switching shifts get overtime or violate labor laws like minimum shift separations due to the switch?"

The fact that they explicitly base decisions not on the shift taker - who is more likely to receive overtime pay - but the shift giver and what they are doing OUTSIDE of work says the decision has as little to do with work as whatever you'd miss a shift for.

Literally every shift place I've worked has had pretty much the same rules - if you find someone to cover without making it everyone else's problem and there's no overtime or labor violations, who gives a f***? Crazy enough, they determined that by 1. Looking at the work schedule and 2. Checking for potential overtime work, and not by asking for a copy of my non-work-related itinerary.