So, I have spoken with my TL on a couple of different occasions about being scheduled 8-9 consecutive days without a day off. He said that he can do whatever he wants as I have an open availablitlity and it is a business need. Is this legal? I am in Florida if this helps...?
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Open availability doesnt mean you give consent to be scheduled more than the state laws say is allowable..that's terribly asinine of you if you truly believe it. They also cannot REQUIRE you to stay past your scheduled time, or force OT, but too many people give verbal consent purey for money and fear of retaliation. They CAN change your schedule within a certain timeframe, but they cant say "hey we need you to stay until 9pm intead of 5pm" an hour before you leave and force you to do it.. "oh but ill be on the s**t list!!"..oh nooooes. I never had a problem when i raised concern over labor law practices, but i also did my job so they had no bs writeups they could give me.
Also, "clopens" are another issue. Some state labor laws require a min amount of time between shifts. Its your duty as a worker to educate yourself..you really think your EMPLOYER is going to tll you these things? I fought it everytime and won. So please, keep b--ching anonymously online when you failed to proactively educate and stand up for your rights as a worker.
It sounds like TMSL's need to re-visit this issue with TLs and STL's. Wont happen... but whatever.
Open availability in no longer a requirement for full time employment at WFM so if there is a issue contact the labor board in your state and find out what your rights are and hold them to it.
An employer, MUST clearly define the work week. ours is M-SUN. In TX, state law for full time retail employees is 6 consecutive days, on the 7th, a full 24 hr day off is required. Beyond that, there must be permission from the employee. BUT, because, we grant WFM an "anytime" availability, they can schedule in this manner. It is kind of "express" consent. Is it right and fair to the employee? NO. Does it destroy morale? YES. Honestly, it is exhausting and mistakes/accidents do happen when one works this many days straight. The same can be said about CLOPEN shifts.
Oh i know it was illegal and any action against me for stating such would have been retaliation. In the time it took for it to be changed, she had visited with TMS...trying to finagle it, and TMS sided with me, obviously. They do try to state it depends on the Mon-Sun fiscal week, not the calendar week, but atleast in my situation, it directly contradicted state labor laws. It is also important to point out these laws applied only to FULLTIME workers in my state, PT is SOL, but it doesnt work in an employers favor to not apply the same basics (within reason)to PT. They can schedule you more than that number of days in a row, but you have to AGREE to it, and there has to be verifiable proof that you have consent. One of the many BS reasons my TL gave was "well so and so worked X days while you were gone", to which I replied "They volunteered and agreed to it, I did not".
I often wondered if it had to do with it ending of pay periods. I can remember being scheduled one day off at the beginning of the week and one day off at the very end of the week with another long stretch until my next day off. And requesting days off, forget about it. That was a major dealbreaker for me and one of the reasons why I quit. It’s totally not OK to request off three days only to return to work being scheduled 11 in a row. Also, requesting days off would always throw schedule regularity into a tailspin. I cannot stand having rotating days off. Regularity is incredibly important for sanity and stability not to mention work life balance.
Depends on state. After i had 4 day off request, they tried to schedule me 11 days in a row. As soon as i referenced the exact law that prohibited that, it was corrected in less than 30 minutes. Needless to say my TL was pissy about it for awhile. GIG is company rules/guidelines..generally numbers referenced in there should be at minimum equal to any state law...not sure if it varies by region tho. Look up your state labor laws.
That TL is a douchebag. This is why whole fools is not on the 100 list best companies to wrk for. Call the tip line have it send to regional n he’ll b put on his place. The gig are just guidelines someone said once. They are not the rule but your hr will jump in n put him on place. Honestly he/she should not b a TL. My TL takes care of things like this quick.
Yes the 7 day scheduling max is in the gig, no one ever follows that rule but it is in there
Read your GIG book, I remember seeing something in there that you can't be scheduled more than ( I think it was 7) so many days in a row. So no, he can't do whatever he wants.
What state are you in?
Nothing illegal about that. As an atl i remember having to do that to myself on occasion, like when I had Monday and Tuesday off one week then sat-sun off the next week, it’s a hell of a stretch without a day off.
Unfortunately the needs of the retail industry are brutal and that’s just how it is.
TL HERE - he is not to schedule you more then 6 conesecutive days in a row, if he is he is violating the law
All of the replies are true statements. there are very few states that have consecutive day protections. At best, the practice is unethical. great conversation piece though....
True
This is true to an extent. You really need to take a look at your state labor laws. The Fed. Labor Laws do not provide employees this type of protection.
Just remember that on both ends of that stretch...you probably have a disproportionate amount of days off.