1. sign-in before 8:00am (there is a no late policy; if we are late even for 1 minute we are sent home). 2. We start preparing our buckets (replacing chemicals and other supplies), vacuum cleaners etc. That last for 30 - 45 mins. 3. Then we have a morning meeting for 1-2 hours! Question: During the time we arrive, are we suppose to get paid for that time? 8:00-10:00 4. During those morning meetings we are verbally and mentally abused. This is everyday! 5. When its a "light day", not enough houses to clean, we are told to pass out flyers. Is that legal? 6. Our Route Managers are charged for every error made on their route sheets. ex. this month is September, they will be charged $9.00 per error! Next month $10.00 for October per error! Is that legal? 7. The company uses our cell phone for communication between them and the customer. Is that legal? 8. Finally, at the end of the week we get paid, the checks either bounce or we are told not to cash them until next week!
Your questions are governed by the Fair Labor Standards Act (FLSA) a federal law. If your company is covered by the FLSA (i.e., if it does at least $500,000.00 of business per year) then the Company must pay you from the time you sign in until the time you go home.The activities that you describe are all compensable time under the FLSA. I don't understand what "12-21% based in houses that are cleaned per day" means, so I cannot factor in that issue. Whether they base you pay on an hourly rate or whether you are being paid on a "piece rate" (i.e., per house) when you divide the amount they pay you per week by the number of hours that you worked that week, the hourly rate of pay must not be less that $7.25/hour. It is legal to require you to pass out flyers. It is wrong, but may or may not be illegal (depending on what they say or do) to "verbally and mentally" abuse employees. There are cases where this may be illegal (such as where they abuse women, but not men, or black people but not white people. I'd have to know a lot more about this claim to tell you whether it is actionable. As far as the penalties for errors on Route Managers' sheets, the question is whether the route manager is a covered employee (i.e., not an exempt an employee) and whether if he is non-exempt, he is paid at least $7.25/hour after they make the deduction. If you get charged for the phone call that the company makes using your phone to call the customer, you would have to deduct the cost of the call from your weekly pay to figure whether you were taking home at least $7.25/hour for that week. It is illegal for the employer to bounce a paycheck, or to write you a check when it knows it does not have the funds in the bank account to pay the check.
If the employer is covered by the FLSA, and you can show that the employer failed to pay you the minimum wage of at least $7.25/hour for every hour that you worked up to 40 hours, plus 150% of your hourly rate for all time that you work in excess of 40 hours, you can sue the employer in federal court. If you hire an attorney (and you should) and if the attorney wins, the employer has to pay your attorneys fees. In addition the employer has to pay the amount that he underpaid you, multiplied by 2.
Michael A. Caldwell
404-979-3154
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