8 ms·
There's a pretty well-defined precedent in law to counter this. If an "optional" task is used in performance reviews or to define base pay, it then becomes non-
by basseq 9y ago
There's a pretty well-defined precedent in law to counter this. If an "optional" task is used in performance reviews or to define base pay, it then becomes non-optional and the company is very likely in breach of employment law. Hopefully Wal-Mart tells their managers to tread very carefully.
- sabujp 9y agoreally? so if the # of (optional) interviews i conduct on behalf of the employer is a factor in performance reviews then the company is in breach of employment law?
- kinkrtyavimoodh 9y agoAny specific interview you conduct might be optional, but conducting interviews in general might very well be in your overall job spec and may not be optional.
- basseq 9y agoIndeed. Optional to include "outside of working hours". I am still trying to find the suit. I think it was Target. Many managers were in the habit of staying after they clocked out and/or coming in on their days off to make sure their department was tidy. One manager did not, and was either fired or passed over for promotion because her department was not as tidy as others. She sued, and won, alleging that by holding her performance against her peers "optional" activities was against fair labor laws and amounted to forced overtime.
- kinkrtyavimoodh 9y agoDon't know the details but I'd imagine that keeping your dept tidy would be part of your job req and if other managers want to slack off and then use their weekends to do that work, that's on them?
- deleted 9y ago[deleted]
- rectang 9y agoConsidering the ubiquity of wage theft in the US, I imagine that even if it is abused the company won't suffer serious consequences. Low-level management will be scapegoated while upper management who designed the program so that abuse was inevitable will be rewarded.